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SPANISH 



DIPLOMATIC CORRESPONDENCE 



Ajsm 



DOCUME]NrTS 



1896--1900 



PRESENTED TO THE CORTES BY THE 
^ffWli, MZNISTER OF STATE, 
/f 



[ TRANSLATION ] 



GOVERIVTMENT PRINTING OFFICE 
1905 



14 .nOV !905 
D. of P. 



CONTENTS. 



F>ART I. 



General negotiations with the United States from April lo, i8g6, %intil the declaration 

of war. 



Subject. 


No. of 
document. 


Pages. 




I to sg 
(so to 67 
58 to 142 
144 to 149 


3 to 80 
80 to 85 
85 to 133 
134 to 139 


Retirement of Senor Dupuy de Lome, Spanish minister at Washington 







LIST OF PAPERS. 



No. I From and to whom 



Date. 



Subject. 



Page. 



The Spanish minister at 
Washington to the Min- 
ister of State. 

The Minister of State to the 
Spanish minister. 



The Spanish minister at 
Washington to the Min- 
ister of State. 



4 ' Same to same. 



The Minister of State to 
the Spanish minister at 
1 Washington (telegram). 
6 Same to same 



The Spanish minister at 
Washington to the Min- 
ister of State (telegram). 

Same to same 



Same to same. 



Apr. 10 
May 22 

June II 

Dec. 9 



1897. 
Feb. 4 



Feb. 6 
Feb. 13 

June 28 



July 2 



Incloses copy of note from Secretary of State 
tendering good offices to terminate insurrec- 
tion in Cuba. 

Declines offer of Secretary of State, with thanks, 
having already determined to grant certain 
concessions in the Antilles, by authorization 
of the new Cortes. 

Has carried out above instructions. In confer- 
ence with Secretary of State, Mr. Olney has 
shown himself very reserved in view of re- 
fusal to accept his offer of good offices. 

Incloses extracts from President Cleveland's 
message of December 8, stating that the 
United States will not intervene in Cuba un- 
less Spain shows herself incapable of quench- 
ing the rebellion. 

Decree just signed authorizing remitting to the 
Council of State the project for reforms in 
Cuba and Porto Rico. 

Communicates substance of above-mentioned 
administrative reforms in Antilles. 

Reports that President Cleveland and Secretary 
of State think the reforms all that could be 
asked, and more than had been expected. 

Incloses note from Secretary Sherman protest- 
ing in the name of humanity and the interests 
of the United States in Cuba against the de- 
crees and acts of General Weyler for quench- 
ing the rebellion, and particularly protesting 
against the reconcentration order. 

Incloses copy of the note he has addressed to 
Mr. Sherman, making observations upon the 
note of the Secretary of State. 

Ill 



IV 



CONTENTS : PART I. 
LIST OF PAPERS— Continued. 



No. 



From and to whom. 



Date. 



The Minister of State to 
the Spanish minister at 
Washington. 



The Spanish minister at 
Washington to the Min- 
ister of State (telegram). 

Same to same 



The .American minister at 
Madrid to the Minister of 
State. 

The Minister of State to the 
representatives of His 
Majesty abroad (circular 
telegram). 

The Minister of State to 
the Spanish minister at 
Washington (telegram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 

Same to same 



The Minister of State to 
the American minister at 
Madrid. 



The I'nder Minister of 
State to the Spanish min- 
ister at Washington. 

The American minister at 
Madrid to the Minister of 
State. 



The Minister of State to 
the American minister at 
Madrid. 

The Spanish minister at 
Washington to the Minis- 
ter of State (telegram). 



1897. 
Aug. 4 



Sept. 6 



Sept. 16 



Sept. 23 



Oct. 14 



Oct. 



Oct. 19 



Oct. 



Oct. 



Subject. 



Page. 




Acknowledges receipt of document No. 8. Di- 
rects answer to Mr. Sherman's note of June 
26, protesting against the views of the United 
States and affirming that the war against the 
Cuban insurgents is carried on in accordance 
with prescriptions of civilization. Refers to> 
concrete acts of the American civil war. 

Has complied with foregoing instructions 



Reports that Assistant Secretary of State, Mr. 
Day, denies sensational reports, and states 
that the mission of Mr. 'Woodford, the new 
minister from the United States, is highly 
pacific. 

By order of President, again tenders good offices 
of United States to terminate struggle in Cuba, 
declaring that itscontinuance is prejudicialto 
American interests. 

Communicates formation of new Cabinet, pre- 
sided over by Seiior Sagasta. 



Announces appointment of General Blanco as 
Governor-General of Cuba, and asks to be ad- 
vised of political affairs in United States. 

Acknowledges foregoing, and states that he 
will have a conversation with Mr. Day, Assist- 
ant Secretary of State. 

Reports that Mr. Day has intimated that the 
attitude of the United States on Cuban ques- 
tion has changed from one of aggression to 
one of expectation. At this time matters of 
local politics wholly engage the President's 
attention. 

Answers note of September 23. Spanish Gov- 
ernment, led by Senor Sagasta, will endeavor 
to pacify Cuba, not only by humane and ener- 
getic military operations, but by a political 
attitude which will insure ample autonomy in 
Antilles. Begs to be informed of proposed 
action of President McKinley in preventing 
the departure of filibustering expeditions. 

Incloses copies of the American note of Septem- 
ber 23 and of the Spanish answer of October 

23- 

Answers last Spanish note. Says United States 
has always loyally complied with the obliga- 
tions imposed by internationl law with regard 
to filibustering e.xpeditions. Requests copy of 
the manifesto of the Liberal party of June 24. 

Acknowledges above and incloses requested 
manifesto. 

States that Estrado Palma denies efficacy of 
autonomy offered by Spain. .\dds that Mr. 
Taylor, ex-minister to Spain, has published in 
several papers articles against Spain. 



contents: part i. 

LIST OF PAPERS— Continued. 



No. 



From and to whom. 



Date. 



Subject. 



The Spanish minister at 
Washing-ton to the Minis- 
ter of State (telegram). 

The Minister of State to the 
Spanish minister (tele- 
gram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 

The Minister of State to the 
Spanish minister (tele- 
gram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 

The Minister of State to the 
Spanish minister (tele- 
gram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 



Same to same. 



The Spanish minister to the 
Minister of State (tele- 
gram). 

The Minister of State to the 
Spanish minister (tele- 
gram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 

The American minister at 
Madrid to the Minister of 
State (telegram). 



1897. 
Nov. 12 



Nov. 14 
Nov. 25 

Nov. 26 
Nov. 29 
Nov. 30 
Dec. 2 

Dec. 6 



The Minister of Stale to 
the Spanish minister at 
Washington (telegram). 



Dec. 8 



Dec. 16 



Dec. 



Jan. 



Announces presentation of Senor Canalejas to 
President McKinley, who expressed a desire 
for peace and sympathy for Spain. 

E.xpresses satisfaction in learning of the Presi- 
dent's expressions, which are confirmed by 
Mr. Woodford. 

Reports situation improving, and that accord- 
ing to his information Mr. McKinley's message 
will be favorable to Spain and just to His 
Majesty's intentions. 

Announces that autonomy decrees for Cuba 
and Porto Rico will be signed following day, 
and transmits extracts. 

States that Mr. McKinley is convinced of the 
sincerity of Spain in granting autonomy. 

Instructs him to ascertain contents of Presi- 
dent's message. 

Expresses belief that President's message will 
be pacific, and declares that the situation has 
never been better nor his mission easier 
since May, 1895. 

Incloses extract from message, in which Mr. 
McKinley declares it would be, in his belief, 
imprudent at the moment to recognize bellig- 
erency of Cuban insurgents; must await 
fruits of reforms being established in Cuba; 
that he will change his policy when con- 
vinced that these reforms do not conduce to 
peace in the island; adding that he could 
only intervene by force when necessity should 
show clearly that Cuba merited the aid of the 
civilized world. 

Announces that the public and the majority of 
the newspapers of the United States think 
Mr. McKinley's message a good augury for 
peace. 

Requests information concerning the departure 
of the Aitierican squadron for Mexico. 

Replying to foregoing, says squadron is going 
for the practice of annual maneuvers and 
exercises. 

Having transmitted to his Government Spanish 
note of October 21 and manifesto of June 24, 
President McKinley has instructed him to say 
that both papers have had careful considera- 
tion. The President hopes that the complete 
pacification of Cuba will result from the new 
reforms, such pacification being necessary for 
the well-being of the American people, at the 
same time stating that the United States will 
continue its attitude of benevolent expect- 
ancy to hear that in the near future peace 
may be realized. 

Directs him to telegraph his views of the politi- 
cal situation. 



VI 



contents: part i. 

LIST OF PAPERS— Continued. 



No. 



36 



37 



From and to whom. 



Date. 



The Spanish minister to the Jan. 5 
Minister of Slate (tele- j 
gram*. 
The Minister of State to the Jan. 13 
Spanish minister (tele- 
gram). 

38 The Spanish minister to the Jan. 14 
Minister of State (tele- 
I gram). 



;o The Spanish minister to the 
Minister of State (tele- 
gram 1. 

40 Same to same 



.do. 



41 Same to same.. 



imetosame Jan. 16 



43 The Minister of State to the 
Spanish minister (tele- 
gram). 



Jan. 17 



44 The Spanish minister to the Jan. ig 
I Minister of State (tele- 
i gram). 



45 The Minister of State to the 
Spanish minister (tele- 
gram). 



The Spanish minister to the 
Minister of State (tele- 
gram). 



47 Same to same., 



Jan. 20 



ine to same.. 



Same to same.. 



Subject. 




Reports that as yet can not advise as to the 
political outlook, but believes situation is im- 
proving day by day. 

Recounts events in Habana, directing that ex- 
aggerated reports published in United States 
be corrected. 

Reports that Senator Cannon, of Utah, has in- 
troduced a resolution recommending that steps 
be taken for the defense of American lives and 
interests in Cuba. 

Reports that he has corrected the e.xaggerated 
accounts of the occurrences in Habana. 

Reports that the last dispatches from the Amer- 
ican consul at Habana, Mr. Lee, are not 
alarming, but that, nevertheless, public opin- 
ion in the United States is much excited. 

Reports that the recent events in Habana have 
caused much rejoicing among the friends of 
the filibusterers, for which reason it is essen- 
tial that such occurrences be not repeated. 

Reports that news from Habana is not im- 
proved; adds that he has had an interview with 
the correspondent of the Herald, who told 
him that the President would land troops in 
Habana if the occurrences were repeated. 

Directs him to see Mr. Day and say that accord- 
ing to a telegraphic report from General 
Blanco order is restored and statement of 
Herald lacks all pretense of truth. 

Reports that the sentiment is more tranquil since 
last reports from Habana, but Mr. Lee has 
reiterated the statement that autonomy in 
Cuba is a failure. 

Directs him to avail of first opportunity to in- 
form United States Government of the incor- 
rectness of Consul -General Lee's reports, 
preparing the way for his transfer. 

Reports an interview with Mr. Day in which he 
told him that the policy of the United States 
ought to be in accord with that of Spain, and 
ought to make known to the junta in New 
York that it must cease its operations. 

Reports that the Cabinet had agreed not to 
change its policy with Spain regarding the 
Cuban question. 

Reports a conference with Mr. Day in which 
the latter declared that the United States 
would continue to follow the policy outlined 
in the last message, which leaves full liberty 
to the Spanish Government to work out its 
policy. 

Reports that Mr. Day, referring to an inter- 
view with the President, says that the Presi- 
dent is so well satisfied with the progress of 
Spanish-.\merican commercial negotiations 
that he has decided to send the United States 
cruiser Maine on a friendly visit to the port 
of Habana. 



Page. 



contents: part i. 

LIST OF PAPERS-Continued. 



VII 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






i8y8. 






5° 


The Minister of State to the 
Spanish minister (tele- 
gram). 


Jan. 25 


Approves his course, and dwells upon the ad- 
visability of reiterating the surprise felt by 
His Majesty at the lack of confidence which 
the United States shows toward the effective- 
ness of the colonial change of policy. Adds 
that the projected trip of the Maine to Cuban 
waters will be viewed by Spain as a testimony 
of friendship. The latter, in its turn, will 
send Spanish war vessels to visit American 
ports. 


69 


51 


The Spanish minister to the 
Minister of State (tele- 
gram). 


do 


Reports that international affairs are much 
improved, and says he has confirmed to the 
United States Government Spain's certainty 
of its ability to quell completely the insur- 
rection. 


69 


52 


The American minister at 
Madrid to the Spanish 
Minister of State. 


do 


Communicates officially the intention of his Gov- 
ernment to resume naval visits to Cuban ports, 
and the decision to send the cruiser Maine to 
Habana on such mission. 


70 


S3 


The Minister of State to the 
American minister. 


Jan. 26 


Replies to foregoing, appreciating friendly in- 
tentions of the United States, to which Spain 
will respond by sending certain vessels of the 
Spanish squadron to visit American waters. 


70 


54 


The Spanish minister at 
Washington to the Min- 
ister of State (telegram). 


Jan. 28 


Reports that, at the annual Cabinet dinner of 
the President to the diplomatic corps, the 
former stated his satisfaction at the course of 
events, adding that he would trust in the fu- 
ture and in a solution of the pending struggle. 


71 


55 


The Minister of State to the 
American minister at 
Madrid. 


Feb. I 


Acknowledges the note of December 20. Sets 
forth His Majesty's pleasure that the United 
States had recognized the efficacy of the re- 
forms for the pacification of Cuba. Adds that 
the work of the reforms can not be accom- 
plished in a few days; intimates that armed 
intervention would mean war; and sets forth 
the duties of international friendship. 


71 


S6 


The Under Minister of 


do 


Incloses copy of above notes 


79 




State to the Spanish min- 








ister at Washington. 








57 


The Minister of State to the 
Spanish minister (tele- 
gram). 


Feb. 5 


Requests all available information concerning 
movement of American war vessels. 


79 


S8 


The Spanish minister to the 
Minister of State (tele- 
gram). 


Feb. 7 


Replies that the reason for the movement of the 
fleet is that the American Government wishes 
to divert the jingoes, now that the predictions 
of Consul Lee are not confirmed. 


79 


59 


The Minister of State to the 
ambassadors of His Maj- 
esty abroad (telegram). 


Feb. 8 


States that the concentration of American naval 
forces near Cuba arouses apprehensions in 
Spain. Adds that Spain is endeavoring to 
maintain an attitude of strictest rectitude. 


80 


60 


The Spanish minister to the 
Minister of State (tele- 
gram). 


do 


Reports that Journal will publish following day 
a letter criticising Mr. McKinley, which the 
minister had addressed to Seiior Canalejas; 
believing that his position will consequently 
be untenable in Washington, he places his 
postal the disposition of his Government. 


80 


61 


Same to same 


Feb. 9 


States that Assistant Secretary Day visited him 
to ask if he admitted as his a letter which the 


81 












Journal had published in its columns, which 










question he answered affirmatively. 





VIII 



contents: part i. 

LIST OF PAPERS— Continued. 



No. 



6+ 



69 



From and to whom. 



Date. 



The Minister of State to the 
Spanish minister (tele- 
gram). 

The .•Vmerican minister at 
Madrid to the Minister of 
Slate (note verbale). 

The Spanish minister at 
Washington to the Minis- 
ter of State (telegram). 

The American minister at 
Madrid to the Minister of 
State. 



The Minister of State to the 
American minister (note). 



The .American minister to 
the Minister of State. 

The Minister of State to 
the Spanish charge d'af- 
faires at Washington (tel- 
egram). 

The Spanish chargd d'af- 
faires to the Minister of 
State (telegram). 

The Minister of State to 
the Spanish charge d'af- 
faires (telegram). 

The Spanish charge d'af- 
faires to the Minister of 
State! telegram V 



The American minister at 
Madrid to the Minister of [ 
State. j 

The Spanish charge d'af- 
faires at .Madrid to the j 
Minister of Stale (tele- I 
gram). j 

Same to same 



1898. 
Feb. 1 



Feb. 



Subject. 



.do. 



Advises him of a meeting of the Cabinet Coun- 
cil, accepting his resignation, and stating that 
."American minister at Madrid has been in- 
formed thereof. 

Communicates an instruction from Washington 
relative to the Dupuy incident, and demand- 
ing immediate recall of the minister. 

Reports that he has turned legation over to first 
secretary, Du Bosc. 



Feb. 14 



Feb. 16 



Regrets that after lapse of four days since he 
read to him the text of the letter addressed by 
the Spanish minister at Washington to Senor 
Canalejas, published in the Journal, the Span- 
ish Government has not disavowed the senti- 
ments expressed by Senor Dupuy. 

Answers foregoing note, stating that the best 
proof that the Spanish Government disavows 
Senor Dupuy's conduct is that the resignation 
which he had tendered was accepted at once, 
do Acknowledges receipt of foregoing communica- 
tion, and says that the United States considers 
the Dupuy incident happily closed. 

Directs him to express to the American Gov- 
ernment the profound sympathy of His Maj- 
esty for the blowing up of the Maine. 



.do 



.do. 



Feb. 



Feb. 18 



.do. 



Feb. 23 



Feb. 



The .Minister of State to 
the Spanish charge d'af- 
faires (telegram). 



Feb. 26 



Has complied with the task intrusted to him, 
and reports that the American cruiser Moiit- 
gomery will shortly return to Key West from 
Jamaica. 

Directs him to personally express to President 
McKinley the sorrow of Her Majesty the 
Queen Regent over the destruction of the 
Miiine, 

States his compliance with the high mission con- 
ferred upon him in Her Majesty's name, and 
transmits the thanks of Mr. McKinley for the 
sympathy of the Queen Regent by reason of 
the loss of the Maine. 

Expresses thanks in name of his Government 
and in his own for sympathy shown by Her 
Majesty and by the Spanish Government and 
people over the accident to the Maine. 

Reports great activity in arsenals to finish im- 
portant work. 



Reports that in spite of Mr. Day having denied 
that there is any fresh news from Habana 
there is great excitement in the United States 
through the circulation of a rumor that the 
Maine was blown up by a submarine mine. 

Directs him to contradict the false reports, origi- 
nated by the filibusterers, concerning the 
Maine catastrophe. Advises him that Sefior 
Polo has been appointed Spanish minister at 
Washington and is departing for his post. 



Page, 



CONTENTS: PART I. 
LIST OF PAPERS— Continued. 



IX 



From and to whom. 



Date. 



Subject. 



Page. 



The Spanish charge d'af- 
faires to the Minister of 
State (telegram). 

The Minister of State to 
the Spanish charge d'af- 
faires (telegram). 

The Spanish chargd d'af- 
faires to the Minister of 
State (telegram). 

The Spanish ministerto the 
Minister of State (tele- 
gram). 

The Spanish ambassadorat 
London to the Minister 
of State (telegram). 

The Spanish minister at 
Washington to the Min- 
ister of State (telegram). 

Same to same 



Feb. 



Mar. 



Mar. 6 



Mar. lo 



The Minister of State to the 
Spanish minister (tele- 
gram). 



The Spanish minister to the 
Minister of State (tele- 
gram). 

The Minister of State to the 
Spanish ambassadors 
abroad (telegram). 

The Minister of State to 
the Spanish minister at 
Washington (telegram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 

The Minister of State to the 
Spanish ambassadors 
abroad (telegram). 

The American minister at 
Madrid to the Minister of 
State. 

The Minister of State to 
American minister. 

Memorandum delivered by 
American minister at 
Madrid. 



The Minister of State to the 
Spanish representatives 
abroad (circular tele- 
gram). 



Mar. 



Mar. 12 
do 



Mar. i6 



.do. 



Mar. 



Mar. 19 



Mar. 



Mar. 



Reports having obtained from United States 
Government permission for Spanish divers to 
examine the wreck of the Maine, but inde- 
pendently and separately from the .Americans. 

Directs him to represent to the American Gov- 
ernment the complications which would be 
caused by sending succor to reconcentrados in 
American war vessels. 

Reports that United States will refrain from 
sending succor in war vessels, but Mr. Day 
has asked if it would be acceptable to have 
them conveyed on the boat Fern. 

Reports arrival at new post, and fears, from his 
first impressions, that report on the Maine is 
going to cause a grave situation. 

Denies rumor that British ambassador at Wash- 
ington has offered cooperation of England in 
case United States and Spain should come to 
war. 

Reports his first conference with Secretary of 
State, Mr. Sherman, who told him that the 
situation had improved, and that the only 
pending matter was that of the Maine. 

Reports his reception by the President, who 
made a friendly address. 

Charges him to represent the danger the pres- 
ent situation will have if it is prolonged indefi- 
nitely, and the need that all pressure or 
menace shall disappear if autonomy is to be 
effective. 

Reports conference with Mr. Day, in which he 
told the minister that war preparations were 
induced by Spain'sarmament; that the United 
States desired peace. 

Calls attention to insistency of United States 
in attributing Maine catastrophe to an origin 
false and calumnious. 

Approves his statements in interview with Mr. 
Day. Charges him to note the difference of 
Spanish attitude to that of United States. 

Reports effect of Senator Proctor's speech 
against Spain. States formation of squadron 
in Hampton Roads. 

Announces that reports from United States are 
not satisfactory, since public feeling against 
Spain has been permitted to grow stronger. 

Asks an interview, at which he also desires the 
presence of Minister of Colonies. 

Acknowledges foregoing, granting audience on 
following day. 

Says President has in his possession American 
report on Maine explosion; states that if in a 
very few days an agreement is not reached 
assuring immediate peace in Cuba the Presi- 
dent will submit the whole history of the rela- 
tions between the United States and Spain 
(together with the Maine report) to Congress. 

Reports conference with American minister, 
the latter's demands, and the reply he will 
make, showing the different conduct of the 
Spanish and American Governments. 



89 



contents: part i. 

LIST OF PAPERS-Continued. 



No. From and to whom. 



93 i Memorandum delivered by 
' Minister of State to 
.■Vmerican minister. 



The Spanish minister at 
W'ashington to the Min- 
ister of State (telegram). 



Q5 The Minister of State to the 
Spanish representatives 
abroad (telegram). 

q6 1 The Spanish ambassador 
at Paris to the Minister 
of State (telegram). 
97 The Spanish ambassador 
near the Holy See to the 
Minister of State (tele- 
gram). 
The Spanish ambassador 
at London to the Minister 
of State (telegram). 
The Spanish ambassador 
at Vienna to the Minister 
of State (telegram). 
ICO The Spanish ambassador 
I at St. Petersburg to the 
Minister of State. 
; I The Spanish ambassador 
at Rome to the Minister 
of State (telegram). 

■■ -• The Spanish minister at 
I Washington to the Minis- 
ter of State (telegram). 

, TheMinisterof State to the 
I Spanish minister (tele- 
I gram).. 

104 The Spanish ambassador 

at Berlin to the Minister 
of State (telegram). 

105 The .American minister at 

Madrid to the Minister of 
State. 

106 Same to same (memoran- 

dum!. 



107 The Minister of State to the 
American minister. 



Date. 



Mar. 25 



.do. 



.do. 



Mar. 26 



Mar. 



..do. 



..do. 



Subject. 



Page. 



.do. 



..do. 



Mar. 28 



..do. 



..do. 



Represents injustice of submitting to Congress 
a subject which has not yet been discussed by 
the two interested Governments; shows dis- 
position to submit question of Maine to arbi- 
tration; and, regarding proposition for peace 
in Cuba, .says Madrid Cabinet must have par- 
ticipation of insular chambers, which convene 
on May 4 next. 

Reports an interview with Mr. Day, in which 
he said that American report showed that ex- 
plosion of Maine was due to exterior cause, 
and that the President must do something to 
quiet the excitement in Congress. 

Announces that the President of the United 
States will submit question of the Maine to 
Congress; and as this may prc!Voke a conflict, 
the Spanish Government asks counsel and, in 
last resort, mediation of friendly powers. 

Reports conference with the French Minister for 
Foreign Affairs, who will take up the subject 
with England. 

Reports conference with Cardinal Rampolla, 
who approves the sense of proposed reply of 
the Spanish Government to the United States. 

Says Mr. Balfour has taken into consideration 
the statements of the Spanish Government. 

States that Minister for Foreign Affairs thinks 
it essential to publish Spanish report on the 
Maine. 

Announces that the Russian Minister for For- 
eign Affairs has shown himself full of sympa- 
thy for Spain. 

Reports that he has had a conference with the 
Italian Minister for Foreign Affairs, who has 
assured him that he will act in accord with 
the great powers. 

Announces that the report of the Maine has 
caused a deep impression. States that the 
Vice-President called and expressed hope of 
peace. 

Transmits telegraphic extract received by the 
Minister of Marine relative to the Spanish 
report on the Maine. 

Reports a conference with the Imperial German 
Chancellor, who listened appreciatively to the 
statements of the Spanish Government. 

States receipt of telegraphic extract of Ameri- 
can report on the Maine, which he will com- 
municate at an interview, which he asks. 

Contains promised extract of the American 
report on the Maine, and the conclusion of 
the United States Government that grave 
responsibility rests on Spain. 

States that the President of the Council has con- 
sented to a postponement of the Cabinet and 
will receive the American minister on the fol- 
lowing day. 



contents: part i. 

LIST OF PAPERS— Continued. 



XI 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






i8q8. 






1 08 


Memorandum handed by 
the American minister 
to the President of the 
Cabinet Counci!. 


Mar. 2g 


Says President desires immediate peace in Cuba 
and suggests an armistice until October i. 


106 


109 


The Spanish ambassador 


Mar. 30 


Reports an interview with Russian Minister for 


107 




at St. Petersburg to the 




Foreign Affairs, who expressed great hope for 






Minister of State (tele- 




peace from the assurances received from the 






gram). 




American ambassador. 




no 


Reply of the Cabinet Coun- 
cil delivered through the 
Minister of State to the 
American minister at 
Madrid. 


Mar. 31 


States Spain's readiness to submit to arbitration 
the question of the Maine: that the bandos of 
reconcentration in the western provinces of 
Cuba have been revoked; that the Spanish 
Government will intrust to the insular cortes 
the establishment of peace in Cuba; that it 
will concede a suspension of hostilities, if 
asked by insurgents. 


107 


III 


The Minister of State to the 
Spanish representatives 
abroad (telegram). 


do 


Gives substance of reply handed to the Ameri- 
can minister and instructs him to urge action 
for its acceptance in Washington. 


108 


112 


The Spanish ambassadorat 
London to the Minister of 
State Uelegram). 


Apr. 2 


States that Mr. Balfour believes the President 
of the United States is as desirous of peace as 
the Spanish Government. 


109 


"3 


The Spanish ambassador 
near the Holv See to the 
Minister of State (tele- 
gram). 


do 


States that Cardinal Rampolla has been to see 
him on behalf of Pope and, in view of gravity 
of situation, to ask if the intervention of His 
Holine.ss to ask an armistice would save the 
national dignity. 


109 


114 


The Spanish ambassador 
at Paris to the Minister 
of State (telegram). 


Apr. 3 


Announces that according to the French Minis- 
ter for Foreign Affairs the Assistant Secretary 
of State of the United States has not lost hope 
of averting war. 


no 


IIS 


The Spanish minister at 
Washington to the Minis- 
ter of State (telegram). 


do 


Reports arrival of naval attache with the Span- 
ish report of the Maine, and adds that he has 
hastened to send it to the State Department. 


no 


116 


The Minister of State to the 
Spanish ambassador near 
the Holy See (telegram). 


do 


Says Spanish Government will be grateful for 
mediation of His Holiness, and suggests de- 
sirability of making the suspension of hostili- 
ties in unison with retirement of American 
squadron. 


no 


117 


The Spanish minister at 
Washington to the Minis- 
ter of State (telegram). 


Apr. 4 


Reports interview with Archbishop Ireland, sent 
by His Holiness, who urged a suspension of 
hostilities in Cuba. 


III 


118 


The American minister at 
Madrid to the Minister of 
State. 


Apr. 6 


Is surprised not to have received any official 
notification of suspension of hostilities in Cuba, 
and says that if it is communicated to him be- 
fore 12 that night the President can receive 
the news in time to transmit it to Congress 
Thursday. 


III 


119 


The Minister of State to the 
American minister. 


do 


Answers foregoing, stating he had not promised 
a notification of any kind and that he can add 
nothing to the communication of March 29. 


112 


120 


The Spanish minister at 
Washington to the Min- 
ister of State (telegram). 


do 


Gives account of another interview with Arch- 
bishop Ireland, who insistently advised sus- 
pension of hostilities in Cuba. 


112 


121 


Same to same 


Apr. 7 


Reports that representatives of the six great 


113 








powers at Washington have presented to Mr. 








do 


McKinley a collective note in favor of peace. 




122 


The American minister at 
Madrid to the Minister of 
State. 




Withdraws his note of April 6 and says Presi- 
dent has postponed presentation of his mes- 
sage to Congress until the nth. 


"3 



XII 



contents: part i. 

LIST OF PAPERS-Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 


123 


The Minister of State to the 


1898. 
Apr. 9 


States that Spanish Government has duly con- 


114 



ambassador of Austria- 
Hungary at Madrid. 



The Au St ro-Hungarian 
ambassador at Madrid to 
the Minister of State. 

The Minister of State to 
the Spanish ambassador 
near the Holy See (tele- 
gram). 



The .Minister of State to 
the Spanish ambassadors 
abroad (telegram). 



127 The Minister of State to 

the Spanish minister at 
Washington (telegram). 

128 The Spanish minister at 

Washington to the Min- 
ister of State (telegram). 



do., 



129 Same to same.. 



130 The Spanish ambassador at 
I Berlin to the Minister of 
' State (telegram). 

13' The Spanish minister at 
I Washington to the Min- 
ister of State. 



132 Same to same.. 



Apr. ID 



Apr. II 



.do. 



The Minister of State to 
the Spanish ambassador 
near the Holy See (tele- 
gram). 

The Minister of State to 
the Spanish ambassadors 
abroad (telegram). 



The Spanish ambassador 
at Rome to the Minister 
of State (telegram). 



Apr. 12 



Apr. 13 



Apr. 14 



Apr. 15 



sidered collective visit which the representa- 
tives of the powers paid to him that day; 
states that he has directed the general in 
chief in Cuba to grant an immediate suspen- 
sion of hostilities to prepare and facilitate 
peace. 

Acknowledges receipt of foregoing, and con- 
gratulates the Government upon the suspen- 
sion of hostilities in Cuba. 

Charges him to say to the Pope that the Span- 
ish Government, in view of the lively, noble, 
and disinterested solicitude of the Holy 
Father, has determined to order the general in 
chief in Cuba to grant an immediate suspension 
of hostilities to prepare and facilitate peace. 

Announces that suspension of hostilities has 
been conceded in Cuba; directs him to repre- 
sent the facts so that a natural and just con- 
sideration in return may be shown, as well 
with regard to the situation of the American 
squadron as in the encouragement of the in- 
surgents. 

Informs him of the suspension of hostilities, in 
the hope that so important an act may be duly 
responded to by the United States. 

Acknowledges receipt of foregoing telegram, 
and says that the President was informed of 
the suspension of hostilities by the American 
minister at Madrid and by the secretary of His 
Holiness. 

Transmits President's message, in which he indi- 
cates armed intervention as the only means of 
bringing the Cuban insurrection to an end. 

Reports interview with the Minister for Foreign 
Affairs, in which the latter said that their am- 
bassador at Washington had been instructed 
to do everything possible in favor of peace. 

Incloses copy of the memorandum which he de- 
livered on the loth to Mr. Day, in which he 
refers to the concessions made by Spain in 
favor of peace and denies all responsibility 
for the e.xplosion of the Maine. 

Reports joint resolution introduced in the House 
of Representatives asking Spain to withdraw 
from Cuba, and a similar report by Senate 
committee. 

In view of the attitude of the .American Con- 
gress, directs him to ask the Holy Father for 
any final suggestions which may lend holy 
sanction to the justice of Spain's cause. 

Reports resolution adopted in the House of 
Representatives; says that if it is adopted in 
the Senate and approved by the President the 
continuation of diplomatic relations between 
Spain and the United States will not be pos- 
sible. 

Reports that he has read last telegram to the 
Minister for Foreign Affairs, who said the 
Italian Government was disposed to cooperate 
with great powers for peace. 



contents: part i. 

LIST OF PAPERS— Continued. 



XIII 



No, 



136 



138 



From and to whom. 



Date. 



The Spanish minister at 
Washington to the Min- 
ister of State (telegram). 



Apr. IS 



The Spanish ambassador j do.. 

at Berlin to the Minister I 
of State (telegram). j 

The Spanish ambassador do.. 

at London to the Minis- j 
ter of State (telegram). 



The Spanish ambassador Apr. 16 
near the Holy See to the 
Minister of State (tele- 
gram). 

The Minister of State to the Apr. 18 
Spanish representatives 
abroad (circular). 



The Spanish ambassador do. 

at London to the Minis- ' 
ter of State (telegram). 1 



Subject. 



Page. 



The Spanish minister at do. 

Washington to the Min- 
ister of State (telegram). 

Same to same do. 



146 



The Minister of State to Apr. 19 
the Spanish minister at 
Washington (telegram). 

The Spanish minister at Apr. 20 
Washington to the Min- 
ister of State (telegram). 



The Minister of State to Apr. 21 
the American minister at 
Madrid. 



148 



The American minister at ' do. 

Madrid to the Minister of 
State. 



The Minister of State to 
the representatives of 
Spain abroad (circular 
telegram). 

Same to same (royal order 
circular). 



.do. 



Apr. 23 



Announces that Senate has adopted a resolu- 
tion even more violent than that passed by 
the House of Representatives, and that it will 
go to conference committee. 
States that he has informed Minister for Foreign 
Affairs of the situation, who told him that 
Germany would join in any propositions for 
peace adopted by the powers. 
Reports interview with British Minister for 
Foreign Affairs, who expressed personal opin- 
ion that, until the President should approve 
the action of Congress, no official action 
ought to be taken. 
Transmits Pope's reply, leaving full liberty to 
Spain to adopt the measures it may deem nec- 
essary for the preservation of its right and 
dignity, and recommending not to precipitate 
events. 
Incloses memorandum setting forth the incidents 
which have occurred from the beginning of 
the Cuban insurrection, to prove the right and 
justice of Spain. 
States that British Under Secretary for Foreign 
Affairs has remarked that the divergence be- 
tween the Houses of Congress would afford 
time to cause the Cuban insurgents to submit 
to Spain. 
Reports that Congress has passed the Senate 
resolution, with exception of the part relative 
to the recognition of the so-called Cuban Re- 
public. 
Transmits te.xt of resolution passed by Congress, 
demanding Spain's abandonment of Cuba and 
authorizing the President of the United States 
to employ land and naval forces. 
Directs that as soon as President signs resolu- 
tion, the minister shall withdraw Spanish lega- 
tion personnel and depart for Canada. 
Reports that law has been signed. Incloses 
copy of note which he sent to the Secretary 
asking his passports, and of the ultimatum 
which was addressed to the Spanish Govern- 
ment. 
States that the President having approved the 
resolution denying sovereignty of Spain in 
Cuba, the Spanish Government considers that 
act a declaration of war; for which reason he 
declares the relations with the United States 
to be interrupted. 
Acknowledges receipt of foregoing note; asks 
his passports, stating that the British em- 
bassy is charged with American interests in 
Spain. 
Reports rupture of diplomatic relations with 
United States. 



Transmits further memorandum to the powers, 
setting forth recent facts and the circum- 
stances under which Spain goes to a war pro- 
voked by the United States. 



I2S V 



136 



136 y 



PART II. 



Diplomatic negotiations from the beginning of the war with the United States until the 
signing of the protocol of August 12, i8g8, and steps taketi for its fulfillment. 



Subject. 



No. of 
document. 



Adhesion of Spain to the additional articles of the Geneva Convention of 

October 20, 1868 i 

Circulars and protests issued on account of the war I 6 



to g 



Capture of vessels 10 to 29 

Cable service 3° to 72 

Preliminary negotiations of peace and protocol of August 12, 1898 73 to 113 

Interpretation and fulfillment of the protocol of August 12, 1898 1 114 to 144 

,. ( Capture of vessels 145 

Appendix 1 ^ . , . <- 

■^ ' Cable serv'ice 140 



Pages. 



143 to 154 
155 to 167 
168 to 179 
180 to 199 
200 to 227 
228 to 258 

259 to 260 

260 to 264 



LIST OF PAPERS. 

ADHESION OF SP.AIN TO ADDITIONAL ARTICLES OF GENEVA CONVENTION OF OCTOBER 20, l£ 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






1898. 






I 


President of Swiss Confed- 
eration to the Spanish 
Minister of State. 


Apr. 20 


Proposes Spain's adhesion to additional articles 
of Geneva Convention of October 20, 1868. 


143 


2 


The Minister of State to the 


Apr. 21 








President of Swiss Con- 










federation. 








3 


The Swiss consul-general 
to the Minister of State. 


May 10 


States that Government of the United States has 
likewise adhered to the additional articles of 
the Geneva Convention. 


152 


4 


The Ministerof Statetothe 


May II 




152 




Swiss consul-general. 




5 


The Swiss consul-general 
to the Minister of State. 


May 28 


Announces that Swiss Federal Council has com- 
municated to the powers signatory to the Con- 
vention of Geneva the determination of the 
Governments of Madrid and Washington to 
accept, as a modus vivendi, during the exist- 
ence of hostilities, the additional articlesto the 
Convention of October 20, 1868. 


153 



CIRCULARS AND PROTESTS ISSUED ON ACCOUNT OF THE WAR. 



1 he .Ministerof Statetothe 
Spanish representatives 
abroad. 



Under .Ministerof State to 
the Spanish representa- 
tives abroad. 

XIV 



i8q3. 
Apr. 24 



May 3 



Incloses copies of Gaceta publishing decree of 
Ministers of the Council declaring the rules 
of international law to which Spanish com- 
batants will be subject during the war; and 
directs that the foreign governments be in- 
formed of the decree. 

Incloses two copies of the " Instructions for the 
exercise of the right of search " for delivery 
to the Minister for Foreign Affairs, showing 
the strict law on which thev are based. 



158 



contents: part ii. 



XV 



LIST OF PAPERS- Continued. 

CIRCULARS AND PROTESTS ISSUED ON ACCOUNT OF THE WAR — Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






1898. 






8 


The Minister of State to the 
Spanish representatives 
abroad. 


May II 


Protests against the retroactive effect given by 
the United States to the declaration of war; 
against the capture of certain vessels by the 
American Navy; and against the form in 
which the latter has established blockade. 
Directs that copies of this protest be delivered 
to the Minister for Foreign Affairs. 


164 


9 




June 6 


In addition to foregoing and with same object, 
protests against bombardment without prior 


165 










notification; censures the illicit use of the 










Spanish flag and the cutting of cables. 





CAPTURE OF VESSELS. 



The Minister of State to : Apr. 26 
the Spanish ambassador i 
at Paris (telegram). ' 



Same to same do . 



The Spanish ambassador at 
Paris to the Minister of 
State (telegram). I 

Same to same May 



Apr. 27 



The Spanish consul at Liv- 
erpool to the Minister of 
State. 

Under Minister of State to 
the Spanish consul at 
Liverpool. 

The Minister of State to 
the Spanish ambassador 
at Paris. 

The Spanish ambassador at 
Paris to the Minister of 
State. 

The Under Minister of 
State to the Spanish am- 
bassador at Paris. 



ig The Spanish ambassador at 
Paris to the Minister of 
State. 

TheUnder Ministerof State 
to the Spanish ambassa- 
dor at Paris. 



June 24 
June 28 
July 15 
July 26 
Sept. 30 

Oct. 5 
Oct. 12 



Not being able to appreciate the circumstances 
of the capture of our vessels, directs him to 
ask French Government to instruct the am- 
bassador at Washington, as protector of Span- 
ish interests, to formulate such claims as may 
seem advisable. 

Supplements foregoing. Apparently there are 
irregularities in some of the captures which 
might justify a protest to the Washington 
Government by the French and Austrian rep- 
resentatives, charged with the protection of 
Spanish interests. 

States that the Minister for Foreign Affairs has 
telegraphed in desired sense to French am- 
bassador at Washington. 

Recounts interview with Minister for Foreign 
Affairs concerning capture of some Spanish 
merchant vessels. 

Recounts appearance of captain and crew of 
steamer Rita stating that that vessel was cap- 
tured by the American cruiser Yale. 

Acknowledges foregoing 



Incloses protest of Sefiors Lopez Trigo Brothers 
regarding capture of the steamer Giiido. 

Recounts having delivered the protest of Sefiors 
Lopez Trigo Brothers to the Minister for 
Foreign Affairs for proper course. 

Sends petition of captain of sloop Carlos F. Koses, 
captured by the American Navy, for the sub- 
mission of proper claim through the medium 
of Minister for Foreign Affairs and ambassa- 
dor at Washington. 

Sends copy of note from Minister for Foreign 
Affairs relative to the claim of the steamer 
Gurilo, with the comments of the French am- 
bassador at Washington. 

Sends claim of the brigantine Frasquito^ cap- 
tured by the American Navy, for which claim 
is to be made at Washington through usual 
channel. 



i6g 



169 



XVI 



contents: part ii. 



LIST OF PAPERS— Continued. 
CAPTURE OF VESSELS — Continued. 



No. 



From and to whom. 



Date. 



Subject. 



Page. 



The Minister of State to 
the Spanish ambassador 
at Paris. 

The Spanish ambassador at 
Paris to the Minister of 
State. 

The Minister of State to 
the Spanish ambassador 
at Paris. 

Same to same 



Oct. 19 



Oct. 26 



Oct. 28 



The Spanish ambassador at 
Paris to the Minister of 
State. 

Same to same 



The British ambassador at 
Madrid to the Minister of 
State (note verbalei. 



The Minister of State to 
the British ambassador 
(note verbale). 



The French ambassador to 
the Minister of State. 



Nov. 


2 


Nov. 


4 


Nov. 


25 


Oct. 


28 



Nov. 



Dec. 



Acknowledges receipt of No. 3 relative to the 
capture of the Guido, and directs him to sus- 
pend sending the claim to the Secretary of 
I State until some more favorable occasion. 
j States having delivered to the Minister for For- 
I eign Affairs, for appropriate course, the claim 
against the capture of the brigantine Fras- 
y 7/ iVo, "accompanying dispatch of 12th instant. 
Incloses claim against capture of hi^x^ Lorenzo^ 
for customary course. 

Incloses claim against capture of schooner 
Maria Dolores, for customary course. 

States having delivered the claim against cap- 
ture of the Lorenzo to the Minister for Foreign 
Affairs for proper course. 

States same with regard to claim of Maria 
Dolores. 

Recounts detention of Mr. Melander, American 
citizen, together with the vessel which carried 
him, by the authorities of Ponape. Uses good 
offices to ask release of prisoner and as liberal 
treatment as possible regarding condemnation 
of the vessel. 

Replies to above, saying proper orders for the 
release of the prisoner have been issued and 
that the Spanish Government is disposed to 
release the vessel provided the United States 
will express its intention to do likewise with 
vessels captured under identical conditions. 

States that the French ambassador at Washing- 
ton has presented the claim against the cap- 
ture of the Gicido. 



C.-\BLE SERVICE. 



The Minister of State to 
the e.x-minister of Spain 
at Washington. 

The ex-minister of Spain 
to the Minister of State 
(telegram). 

The Spanish consul at 
Hongkong to the Min- 
ister of State (telegram). 

The Minister of State to ' do. 

the Spanish consul at 
Hongkong (telegram). 

The Spanish consul at 
Hongkong to the Minis- 
ter of State (telegram). 

The Minister of State to do. 

the Spanish consul at 
Hongkong (telegram). 

The Spanish consul at May 18 
Hongkong to the Min- 
ister of State (telegram). 



Asks his opinion as to means for remedying the 
lack of communication with the Antilles, if 
the cables are cut. 

Replies to foregoing 



Reports interruption of cable between Manila 
and Hongkong since previous evening. 

Instructs him to communicate any well-founded 
news of interest. 

Difficult to send out vessels, which fear the 
Americans and demand guaranty of value 
or damages. 

Asks if he can establish communication with 
Manila via Bolinao, sending dispatches there 
by some foreign vessel. 

Says he has asked governor-general of Philip- 
pines if the telegraph from Bolinao to Manila 
is open, and thinks it easier to communicate 
by way of Labuan-Singapore. 



176 

176 

177 
177 

177 

178 



178 



180 



1 80 



181 



contents: part ii. 



XVII 



LIST OF PAPERS-Continued. 
CABLE SERVICE — Continued. 



From and to whom. 



Date. 



Subject. 



Page. 



The Spanish consul at 
Hongkong to the Min- 
ister of State (telegram). 

The Spanish consul at Sin- 
gapore to the Minister of 
State (telegram). 

The Minister of State to the 
Spanish consul at Hong- 
kong (telegram). 

The Minister of State to the 
Spanish consul at Singa- 
pore (telegram). 

The Spanish consul at Sin- 
gapore to the Minister of 
State (telegram). 



May 27 



May 2g 



May 30 



Says he is not sending dispatches to the north of 
Luzon, the communications between Aparri 
and Manila being interrupted. 

Reports cutting of Manila-Capiz cable on 23d 
by Americans. 



Same to same 

The Minister of the Colo- 
nies to the Minister of 
State (telegram). 



The Minister of State to the 
Spanish consul-general 
at Berne. 

The charge d'affaires of 
the consulate-general in 
Switzerland to the Min- 
ister of State. 

The British ambassador to 
the Minister of State. 

The Minister of State to the 
Spanish consul at Kings- 
ton (telegram). 

The Minister of the Colo- 
nies to the Minister of 
State. 



The Minister of State to the 
Colombian minister. 

The Minister of State to 
the consul-general of the 
Greater Republic of Cen- 
tral America. 

The Minister of State to 
the charge d'affaires of 
Mexico. 



Asks if he can communicate with Philippines by 
using neutral vessel to conduct dispatches to 
Lingayen, Aparri, a port on coast of North 
j Luzon. 

do i Asks if he can communicate with Philippines by 

using neutral vessel to carry dispatches to Tay- 
abas, or Albay, or some port on south coast of 
Luzon. 

Answers foregoing, setting forth difficulties of 
the undertaking. Reports having found a cap- 
tain of a vessel with whom perhaps it can be 
arranged. 

Reports inability to engage proposed vessel 

States, for communication to the governments 
signatory to the international telegraphic rules 
of Budapest, annexed to the convention of St. 
Petersburg, that the company having conces- 
sion for the cable between Hongkong and Ma- 
nila, in compliance with said convention, and 
on account of the cable having been cut and 
intercepted near Manila, reports suspension of 
transmission of messages. 

Communicates preceding notice in order that 
the Swiss Government may advise the signa- 
tory governments. 

Acknowledges receipt of foregoing, and compli- 
ance with its instructions. 



June 



June 12 
June 13 



June 17 



June 23 



July 4 Asks reestablishment of cable between Hong- 
kong and Manila for meteorological purposes 
only. 

July 5 Directs him to adopt best means of service be- 
tween Kingston and nearest point to Habana 
for transmission of Government telegrams. 

do Inasmuch as telegrams from Cuba, Porto Rico, 

or Spain to Me.xico, by way of Jamaica, are 
intercepted at the last stage by American 
cable companies between Panama and Colon, 
suggests that the matter be taken up with 
the representatives of Me.xico, Colombia, and 
Central America at Madrid, to bring the abuse 
to an end. 
do Communicates foregoing and asks his good of- 
fices toward suggested end. 
.do do 



.do. 



183 
183 



183 



185 



i86 
187 



187 



S D C- 



-II 



XVIII 



contents: part ii. 



LIST OF PAPERS— Continued. 
CABLE SERVICE — Continued. 



From and to whom. 



Date. 



The Under Minister of July 5 
State to the Spanish rep- | 
resentatives in Colombia, 
Central America, and 
Mexico. 

The Minister of State to the July 6 
Spanish consul at Kings- 
ton (telegram). 

The Minister of State to the do . 

British ambassador. 



The Minister of State to the 
Minister of the Colonies. 

The Spanish consul at 
Kingston to the Minister 
of State (telegram). 

The Spanish consul at 
Kingston to the Minister 
of State (telegram). 

The charge d'affaires of 
Mexico to the Minister of 
State. 

The Minister of State to the 
Spanish ambassador at 
Pans. 



The consul-general of the 
Greater Republic of Cen- 
tral America to the Minis- 
ter of State. 

The Minister of Stale to 
the charge d'affaires of 
Me.xico. 

The consul-general of the 
Greater Republic of Cen- 
tral .America to the Min- 
ister of State. 

The Spanish consul at 
Kingston to the Minister 
of State (^telegram). 

The Minister of State to 
the Spanish consul at 
Kingston (telegram). 

The Spanish ambassador at 
Paris to the Minister of 
State. 



do 

July 7 

July 8 

do.... 

do.... 



July 9 



Subject. 



Reports the action taken as above.. 



July 


u 


July 


14 


July 


19 


July 


30 


Aug. 


12 



Page. 



Directs that, although telegraphic communica- 
tion is novk' reestablished, he is to be ready for 
other means of communication in case of fresh 
interruption. 

Answers his note of 4th instant, asking reestab- 
lishment of cable communication between 
Manila and Hongkong exclusively for mete- 
orological service, stating, in reply, that he 
is not opposed, on condition that the cable 
be deemed neutral and indifferently for use 
of all. 

Answers royal order of previous day, reporting 
action taken. 

States that in event of failure of the cable it 
will be almost impossible to establish com- 
munication between Jamaica and Cuba. 

Reports interruption of cable through with- 
drawal of employees. 

Answers note of 5th instant ; states he has com- 
municated it to his Government. Hopes that 
the matter will be settled satisfactorily. 

Directs him to take up with the French cable 
company the matter of the suspension of serv- 
ice between Santiago de Cuba and Mole St. 
Nicholas (Haiti), so long as the American 
forces are in possession of the Spanish end 
of the line. 

Answers note of 5th instant, stating he has trans- 
mitted contents to his Government. 



Acknowledges receipt of note of the 8th instant, 
and states in reply that the Spanish Govern- 
ment is not certain of the e.xact point of cable 
interruption. 

Supplementing his note of the gth instant, states 
his Government has telegraphed him that the 
suggestions of Spain will be heeded. 

States that the Americans have possession of 
the cable from Santiago de Cuba, stopping the 
service. 

Directs him by all possible means to forward 
Government telegrams to Cuba, availing of 
fishing or other vessels, and transmitting the 
messages in duplicate. 

In response to royal order of July 8, sends cor- 
respondence e.xchanged between the French 
cable company and the military attach^ of 
the embassy. 



contents: part ii. 



XIX 



LIST OF PAPERS— Continued. 
CABLE SERVICE — Continued. 



No. 


From and to ■whom. 


Date. 


Subject. 


Page. 


66 


The French ambassador to 
the Minister of State. 


1898. 
Aug. 19 


Sends telegram from the French ambassador at 
Washington, acceding to the request regard- 
ing the reorganization of the cable service 
between Singapore and Manila. 


196 


67 


The Minister of State to the 
French ambassador. 


do 


Acknowledges receipt of foregoing, which 
he has communicated to the Minister of the 
Colonies 


197 


68 


The Minister of State to the 


Aug. 20 


Directs him to inform the "Eastern Extension 


197 


69 


Spanish consul at Hong- 
kong (telegram). 

The Minister of State to the 
French ambassador. 


do 


Cable Company" that it is authorized by the 
Spanish Government to reopen communica- 
tion between Hongkong, Manila, and Capiz. 


197 




70 


The Minister of State to the 
Spanish consul at Hong- 
kong (telegram). 


do 


Referring to the telegram addressed to him on 
this date, says that the authorization given to 
the cable company is agreed to by the United 
States. 


198 


71 


TheSpanishconsulat Hong- 
kong to the Minister of 


Aug. 21 


Reports renewal of cable communication be- 
tween Manila and Hongkong. 


198 


72 


State (telegram). 
The Spanish minister in 
Mexico to the Minister of 
State. 


Aug. 20 


Answering royal order of July 5, incloses copy 
of a note addressed by Department of Com- 
munication to the Department for Foreign 
Affairs, regarding the protest touching the 
interruption of cable service. 


198 



PRELIMINARY NEGOTIATIONS FOR PEACE .\ND THE PROTOCOL OF ALIGUST 12, l8 



78 



The Minister of State to 
the Spanish ambassador 
at Paris (telegram). 



The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 



The Minister of State to ' do. 

the Spanish ambassador 

at Paris (telegram). 
The Spanish ambassador at 

Paris to the Minister of 

State (telegram). 
The Minister of State to 

the Spanish ambassador 

at Paris (telegram). 
The Minister of State to i do. 

the Spanish ambassador 

at Paris (telegram). 
Same to same do. 



Directs him to ask the Minister for Foreign 
Affairs if the ambassador at Washington be 
authorized to present a message to the Presi- 
dent of the Republic, and to negotiate suspen- 
sion of hostilities as a preliminary to definite 
negotiations. 

Answers foregoing royal order, stating he has 
seen Minister for Foreign Affairs, and, inas- 
much as he can not give definite answer with- 
out previous authorization of the President of 
the Republic, who is absent from Paris, does 
not believe an answer can be had for two 
days. 

Insists on attempt to get a reply at earliest 
possible moment. 

Reports having obtained the desired permission- 



Announces the early transmission of the message 
to the President of the United States. 

Sends promised message with instructions for 
delivery to the French ambassador at Wash- 
ington. 

Reports having verbally informed the ambassa- 
dors of the great powers at Madrid of the 
substance of the message. 



XX 



contents: part ii. 



LIST OF PAPERS— Continued. 

I'RELIMINARY NEGOTIATIONS FOR PEACE, ETC.— Continued. 



Xo. From and to whom. 


Date. 


Subject. 


Page. 






1898. 






So 


The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 


July 24 


States that the French ambassador at Washing- 
ton can not decipher the telegram transmit- 
ting the message, because he has not the code.. 


204 


8i 


The Minister of State to 
the Spanish ambassador 
at Paris (telegram). 


do 


Says he has cabled the Spanish consul at Mon- 
treal to immediately send to the French am- 
bassador at Washington a copy of the code, 
while at the same time sending Seiior Leon y 
Castillo the text of the message, to be trans- 
lated into French, to be then forwarded to its 


204 






destination by the Minister for Foreign Affairs. 




82 The Minister of State to tlie 


do 


Instructs him to speedily send the code above 


204 


Spanisii consul-general 




referred to. 




at Montreal (telegram). 








83 , The Minister of State to 


do 


At the same time he writes this he is sending 


205 


the Spanish ambassador 




text of the telegram to the French ambassa- 






at Paris uelegram). 




dor at Washington. \ 


84 


The Spanish consul-general 
at Montreal to the Minis- 
ter of State (telegram). 


July 25 


Reports having at once sent code No. 74 to the 
French ambassador at Washington. 


205 


85 


The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 


do 


Reports that the Minister for Foreign Affairs has 
transmitted the message of the Spanish Gov- 
ernment to Washington. Some surprise was 
shown that McKinley already had knowledge' 
of its contents through some of the govern- 
ments having embassies at Madrid. 


205 


86 The Minister of State to 


do 


Answers above, explaining the circumstances 


205 


the Spanish ambassador 






at Paris (telegram). 






87 The Minister of State to 


July 27 


Expresses surprise at landing of Americans at 


206 




the Spanish ambassador 




Porto Rico, since the President is considering 






at Paris (telegram). 




the message of the Spanish Government. 




88 


The Spanish ambassador at 
Paris to the Minister of 


do 


Reports that the message was presented to the 
President the day before. 


206 




State (telegram). 




1 


8q 


Same to same 


do 


Communicates details of Mr. Cambon's inter- 207 
view with the President. 


90 


The Minister of State to 


July 28 


Sends telegram to the French ambassador at \ 208 




the Spanish ambassador 




Washington, thanking him, and giving him 1 




at Paris (telegram). 




further instructions. 


91 


Same to same 


do 


Sends further instructions for French ambassa- 1 208 






dor at Washington. | 


92 


The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 


do 


Transmits telegram from French ambassador 
at Washington, asking instructions. 


210 


93 


The Minister of State to 
the Spanish representa- 
tives abroad (telegram). 


do 


Reports having initiated negotiations for peace.. 


210 


94 


The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 


July 30 


States the Minister for Foreign Affairs has no 
news from Washington. 


210 


95 


Same to same 


July 31 


The Minister for Foreign Affairs has informed 
him that at i o'clock he shall begin to receive 








211 








copy of a dispatch from Washington which 










arrived at 8 that morning. 




96 


Same to same 


(Jo 


Transmits telegram from the French ambassa- 
dor at Washington, communicating the an- 










211 








swer of the President to the message of Spain. 





contents: part ii. 



XXI 



LIST OF PAPERS— Continued. 

PRELIMINARY NEGOTI.\TIONS FOR PEACE, ETC.' — Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 


97 


Same to same 


i8g8. 
Aug. 1 


Transmits a telegram from the French ambassa- 
dor at Washington, reporting a conversation 
with the President of the Republic, after the 


213 




98 


The Minister of State to the 


do 


reading of his reply to the message of Spain. 
Incloses for transmission to the French ambas- 


2x4 


99 


Spanish ambassador at 
Paris (telegram). 
The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 


Aug. 4 


sador at Washington a telegram replying to 
the two foregoing. 
Transmits telegram from the French ambassa- 
dor at Washington, reporting another inter- 
view with the President, and the matters 
discussed. 


216 


100 


Same to same 


Aug. 5 


Invites attention to the serious effect of imme- 
diate abandonment of Cuba and Porto Rico, 


217 












before discussion of the treaty of peace, as the 
Americans demand. 




lOI 


The Minister of State to the 
Spanish ambassador at 
Paris (telegram). 


Aug. 7 


Referring to his telegram of the 4th instant, 
incloses for transmission through the French 
ambassador at Washington the reply of Spain 
to the Secretary of State's note, accepting in 
principle the conditions imposed by the United 


2l8 


102 


The Spanish ambassador at 
Paris to the Minister of 


Aug. 8 


States for negotiating peace, with certain 
specified reservations. 
Reports having transmitted foregoing telegram... 


2ig 


103 


State (telegram). 
The Under Minister of 
State to the Spanish rep- 
resentatives abroad. 


Aug. 9 


Incloses copy of the message addressed to the 
Government of the United States accepting 
the conditions of peace under the conditions 
indicated. 


219 


104 


The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 


Aug. II 


Reports that the French ambassador has de- 
livered to the President of the United States 
the telegraphic message of the 7th instant, 
and communicates the President's reply ex- 
pressing his desire, in order to avoid mistakes, 
to draft a protocol in which American propo- 
sitions are set forth. 


219 


los 


Q^rjie to same 


do 


Transmits te.xt of proposed protocol submitted 
by the Government of the United States. 


220 








106 


Same to same 


do 


Forwards telegram from the French ambassa- 
dor at Washington communicating substance 


221 
















of a note which the Secretary of State ad- 










dressed to him in transmitting the protocol. 




107 


The Minister of State to the 
Spanish ambassador at 
Paris (telegram). 


Aug. 12 


Directs him to forward a telegram to the French 
ambassador at Washington, authorizing ac- 
ceptance of the proposed protocol by the 
Spanish Government. 


222 


108 


The Spanish ambassador at 
Paris to the Minister of 


Aug. 13 


Transmits telegram from the French ambassa- 
dor at Washington reporting the signing of 


223 


109 


State (telegram). 
The French ambassador at 
Madrid to the Minister of 


do 


the protocol. 
Also communicates foregoing telegram 


224 


no 


State. 
The Minister of State to 
the French ambassador. 


do 


Acknowledges receipt of foregoing and trans- 
mits the thanks of the Spanish Government 
to the President and Government of France 
and to the French ambassador at Washing- 
ton for the invaluable services lent to Spain 
and the cause of peace. 


225 



XXII 



contents: part ii. 



LIST OF PAPERS— Continued. 

PRELIMINARY NEGOTIATIONS FOK PEACE, ETC. — Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






1898. 






Ill 


The Under Minister of 
State to the Spanish rep- 
resentatives abroad. 


Aug. 13 


Sends copy of the protocol signed the previous 
evening at Washington. 


226 


112 


The Minister of State to 
the Spanish representa- 
tives abroad (telegram). 


Aug. 14 


Reports the signing of the protocol, copies of 
which have been sent by mail. 


226 


113 


The chargd d'affaires of 
France at Madrid to the 
Minister of State. 


Sept. I 


Transmits (in English and French te.xt) response 
of the United States to the message of the 
Spanish Government of July 22; the English 
text of the Spanish note of August 7; the 
French translation of Mr. Day's reply of Au- 
gust 10; and the French and English te.xt of 
the protocol. 


226 



INTERPRET.\TION AND FULFILLMENT OF THE PROTOCOL OF AUGUST 12, ifi 



The French ambassador at 
Madrid to the Minister of 
State. 



The Minister of State to 
the French ambassador. 

The French ambassador to 
the Minister of State. 

The Minister of State to 
the French ambassador. 

The French ambassador to 
the Minister of State. 



The Minister of State to 
the French ambassador. 



The French charge d'af- 
faires to the Minister of 
State. 



Aug. 15 



do 




Aug. 


17 


Aug. 


20 


Aug. 


22 



Aug. 23 



Aug. 26 



The Minister of State to the do . 

French charge d'affaires. \ 



States that according to a report from the 
French ambassador at Washington the Fed- 
eral Government has ordered the lifting of the 
blockade from the Antilles and Philippines 
and authorized the transmission of telegrams, 
although with certain restrictions as to tele- 
grams from private individuals. 

Acknowledges foregoing 



Communicates the names of American commis- 
sioners who have charge of evacuation ar- 
rangements in the Antilles. 

Communicates the names of the Spanish com- 
missioners for evacuation arrangements. 

Reports that Federal Government will permit 
the resumption of postal service with the 
Antilles and Philippines, and shipment of 
provisions under the Spanish flag, though 
with certain restrictions regarding Porto 
Rico; but on the condition that during present 
suspension of hostilities access to Spanish 
ports is not prohibited to American vessels, 
which shall enjoy, in case of renewal of hos- 
tilities, the immunities conceded to Spanish 
vessels by Articles IV and V of the Presi- 
dent's proclamation of April 26, 1898. 

Acknowledges receipt of foregoing note, the 
provisions of which will be conformed with 
on the understanding that the immunities 
granted to the American vessels, in case of 
renewal of hostilities, will be reciprocal on 
the part of the two countries. 

Transmits telegram from the French ambassa- 
dor at Washington announcing the early de- 
parture for Habana of the members of the 
American evacuation commission; and re- 
quests removal of any mines in that port. 

Announces that orders have been issued to ex- 
pedite removal of mines. Requests the Fed- 
eral Government to send to Cavite the families 
of the officials from the Marianas. 



contents: part ii. 

LIST OF PAPERS— Continued. 

INTERPRETATION AND FULFILLMENT OF THE PROTOCOL, EIC. — Continued. 



XXIII 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






i8q8. 






123 


Instructions to the Spanish 
commissioners of evacu- 
ation in Cuba and Porto 
Rico. 


Aug. 28 


Document issued by the President of the Council 

for this purpose. 


232 


123 


TheUnderMinisterof State 
to the Ministers of Navy 
and Treasury. 


Sept. 2 


Announces that, according to agreement with 
United States, the vessels of each nation will 
be admitted to the ports of the other during 
present cessation of hostilities. 


237 


124 


The Minister of State to the 
French charge d'affaires 
at Madrid. 


Sept. 7 


Asks that there be communicated to the Federal 
Government: (i) That the capitulation of 
Manila must be considered due to the pro- 
visions of the protocol and not to the capitu- 
lation; (2) that the occupation of that place 
does not empower a change in the Spanish 
laws; (3) that the garrison of Manila must be 
considered free; (4) that the e.xisting Spanish 
laws shall remain in force without change in 
Manila until the treaty of peace shall decide 
the regime, disposition, and future government 
of the islands; (5) that the liberation of Span- 
ish prisoners should be demanded from the 
Tagalos; (6) that insurgents should not be 
permitted to use their flag on vessels; and (7) 
that the families of officials from the Marianas 
■now held prisoners should be repatriated or 
sent to Manila. 


237 


125 


The French charge d'af- 
faires to the Minister of 
State. 


Sept. 9 


Reports having transmitted foregoing note to 
the French Minister for Foreign Affairs for 
the purposes set forth. 


242 


126 


Telegram from the French 
ambassador at Washing- 
ton, delivered by the 
French charge d'affaires 
at Madrid. 


do 


Answers the verbal statements made to the 
French representative at this capital, refer- 
ring to insurgent vessels and other matters, 
saying the Federal Government refuses to put 
at liberty the garrison at Manila, and that 
Spain send reenforcements to Philippines; 
that it will try to influence insurgents to ab- 
stain from annoying the Spanish troops during 
the suspension of hostilities: and that, accord- 
ing to reports from Admiral Dewey, the fami- 
lies of the officers of the garrison at Marianas 
have not been deprived of resources, as was 
reported. 


243 


127 


The Minister of State to the 
French charge d'affaires 
at Madrid. 


do 


Announces that Vice- Admiral Vicente de Mante- 
rola is appointed on the Cuban evacuation 
commission in place of Sehor Don Luis Postor 
y Landero. 


244 


128 


Telegram from the French 
ambassador at Washing- 
ton (delivered through 
Madrid embassy). 


Sept. 18 


Reports that the Spanish-American evacuation 
commission of Porto Rico finding its labors 
about to close, the American Government de- 
sires the Spanish commissioners to be given: 
instructions for the withdrawal of troops, and 
that the necessary transports be sent forth- 
with. 


244 


129 


Same to same 


Sept. 22 


Sends reply of the Government of the United 
States to the Spanish note of September 7, de- 
clining to accede to the propositions. 


24s 



XXIV 



contents: part ii. 



LIST OF PAPERS— Continued. 

INTEKPRETATION AND FILFII.LMEXT OF THE PROTOCOL, ETC. — Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






1898. 






130 


The Minister of State to the 
French charge d'affaires 
at Madrid. 


Sept. 28 


Acknowledges receipt of foregoing, and requests 
that, through the French ambassador at Wash- 
ington, renewed insistence be made touching 
the Spanish propositions of the 7th instant, and 
that the desire of the Spanish Government 
be made known that American vessels shall 
not be sent to Manila during suspension of 
hostilities. 


246 


'31 


The French charge d'af- 
faires to the Minister of 
State. 


Sept. 30 


Acknowledges receipt of foregoing, contents of 
which have been transmitted to Washington. 


250 


132 


Telegram from the French 


do 


Reports that Admiral Dewey has seized an 


250 



ambassador at Washing- 
ton, delivered through 
the French charge at 
Madrid. 



The Governor-General of 
Cuba to the Minister of 
the Colonies (telegram). 



Oct. 



The Minister of State to the 
French charge d'affaires 
at Madrid. 



Oct. 8 



Oct. 



135 Telegram from the French 

ambassador at Washing- 
ton, delivered through the 
French charge at Madrid. 

136 Telegram from the French | Oct. 10 

charge d'affaires at Wash- 
ington to the Minister of 
State, delivered through 
the French charge at 
Madrid. 

137 Same to same Oct. 15 



138 The Minister of State to the Oct. 28 
French ambassador at 
Madrid. 

: , The Frencli ambassador to Nov. 3 
I the Minister of State. 



140 Same to same Nov. 



141 The Minister of State to the Nov. 15 
French ambassador. 



American vessel at Batangas, sailing from 
Macao, with contraband of war on board for 
the insurgents. Says two delegates from 
Aguinaldo have reached Washington who 
claim admission at the conference at Paris or 
a hearing before it. 

Announces that the American commission of 
evacuation has received definite instructions 
from their Government that the abandonment 
of sovereignty over Cuba must precede nego- 
tiations fora treatyof peace; that this evacua- 
tion must be immediate, withdraw^ing from 
the island not only the military authorities of 
Spain, but also the civil, and that their em- 
barkation must terminate by the ist of De- 
cember. 

Communicates foregoing and requests protest, 
on part of Spain, against immediate abandon- 
ment of sovereignty, and requests e.Ktension 
of period of embarkation. 

Announces that delegates from Aguinaldo were 
received merely as foreigners, and that they 
then left for Paris, but without receiving any 
commission from the Government. 

Communicates desire of American Government 
that Spain send at least four transports to 
Porto Rico to expedite evacuation of the 
island. 



Reports reply of Secretary of State to the propo- 
sitions set forth in the note of the 8th instant, 
regarding immediate abandonment of sover- 
eignty by Spain. 

Supplements note of 8th instant; brings up 
anew the request for extension of the period 
for the evacuation of Cuba. 

Communicates reply of the American Govern- 
ment to the notes of September 28and October 
8, in which an e.xtension to the ist of January 
is granted for the evacuation of Cuba. 

States that the Government of the United States 
does not grant the Spanish demand for further 
extension of the period for the evacuation of 
Cuba. 

Acknowledges receipt of the foregoing 



256 



CONTENTS : PART II. 



XXV 



LIST OF PAPERS— Continued. 

INTERPRETATION AND FL'LFILLMENT OF THE PROTOCOL, ETC. — Continued. 



No. 



From and to whom. 



Date. 



Subject. 



Page. 



The French ambassador to 
the Minister of State. 



The Minister of State to the 
French ambassador. 



The French ambassador to 
the Minister of State. 



Nov. 24 Supplementing the notes of the 3d and 13th 
instant, sends copies of two notes from the 
Department of State relative to the interpre- 
tation of the protocol and return of the army 
from Cuba. 

Nov. 28 I Announces appointment of Lieut. Gen. Jimenez 
Castillanos, president of the evacuation com- 
mission of Cuba, in place of general of di- 
vision, Julian Gonzales Parrado. 
Reports forwarding foregoing to Washington.... 



Nov. 29 



258 



APPENDIX. 

CAPTURE OF VESSELS. 



The French ambassador to 
the Minister of State. 




Incloses copy of note addressed to the charge of 
France in Washington by the Secretary of 
State, replying to the note regarding the cap- 
ture of the Gztido. 



CABLE SERVICE. 



146 The Spanish Minister at 
Santa Fe de Bogota to 
the Minister of State. 




Replies to royal order of July 5 concerning the 
interception of telegrams from Porto Rico, 
Cuba, and Spain to the Spanish minister in 
Mexico. 



PART III. 



The conference at Paris and the treaty of peace. 



Subject. 



No. of 
document. 



Pages. 



The organization of the Peace Conference i to 6 267 to 269 

The conferences at Paris 7 to 133 269 to 364 

The treaty of peace 134 364 

Resume of the work of the conferences 135 365 



LIST OF PAPERS. 



No. From and to whom. 



10 Same to sar 



The French charge d'af- 
faires to the Minister of 
State. 

The Ministerof State to the 
French charge d'affaires. 

The French charge d'af- 
faires to the Minister of 
State. 

The Ministerof State to the 
French charge d'affaires. 

The French charge d'af- 
faires to the Minister of 
State. 

The President of the Coun- 
cil of Ministers to the 
Minister of State. 

The Minister of State to the 
captain-general ad in- 
terim of the Philippines 
(telegram). 

The .Minister of State to the 
Spanish ambassador at 
Paris. 

The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 



The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

The Ministerof State to the 
president of the Spanish 
Peace Commission (tele- 
grami 

XXVI 



Date. 


1898. 
Sept. II 


Sept. 13 


Sept. 14 


Sept. 17 


Sept. 19 


Sept. 22 


Sept. 24 



Subject. 



Sept. 26 
Sept. 29 

Sept. 30 
do 



Oct. 



Offers one of the rooms of the French Depart- 
ment for Foreign Affairs to the Spanish-Ameri- 
can Commission for its meetings. 

Acknowledges receipt of foregoing, with 
thanks. 

Communicates names of American Peace Com- 
missioners. 

Incloses copy of decree naming Spanish Peace 

Commissioners. 
Acknowledges foregoing and has communicated 

it to the Minister for Foreign Affairs. 

Incloses decree naming Senor Eugenic Montero 
Rfos president of the Spanish Peace Commis- 
sion. 

Directs him to ascertain if Spanish prisoners 
taken by the Americans have been turned 
over to the insurgents. 

Transmits copy of decree appointing Seiior 
EmiliodeOjeda (Spanish minister at Tangier) 
the secretary of the Spanish Commission. 

Directs him to bring up, as a previous question 
for discussion by the Commission, the status of 
the Spanish Government in the Philippines on 
account of the attitude of the Federal Govern- 
ment regarding the sending of Spanish forces 
against the Filipinos. 

Transmits reply of General Jaudenes to the in- 
structions touching the manner in which 
Americans are treating Spanish prisoners, 
delivering them to the insurgents. 

Discusses certain points regarding the telegram 
of the evening before, and asks further ex- 
planation. 

Replying to foregoing, sends e.vplanations 
desired. 



Page. 



267 

267 
267 

268 
269 

269 

269 



contents: part hi. 

LIST OF PAPERS-Continued. 



XXVII 



From and to whom. 



The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 

The president of the Span- 
ish Peace Commission to 
the Minister of State. 

The Minister of State to the 
president of the Spanish 
Peace Commission. 



The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

The Minister of State to 
the president of the Span- 
ish Peace Commission 
(telegram). 

Same to same 



The president of the Span- 
ish Peace Commission to 
the Minister of State. 



Same to same (telegram). 
23 Same to same. 



Same to same.. 



Same to same.. 



Same to same 

The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 



Same to same.. 



Date. 



Oct. 



Oct. 



Oct. 



Oct. 



Oct. 



Oct. 



Oct. 6 



.do. 



Oct. 



Oct. 
do. 



Oct. 



Oct. 



Oct. 
Oct. 



Subject. 



States having communicated to the Commission, 
in writing, at the first conference, the desire 
to consider as a previous question the status 
of Spain in the Philippines. 

Reports meeting of second conference and writ- 
ten reply of Americans declining to take up 
this subject as a previous question. 

Reports having presented the Spanish Commis- 
sioners to the President of the Republic. 

Incloses copy of the motion submitted to the 
American Commissioners. First protocol. 

Explains the purpose of the Spanish Govern- 
ment in submitting to the Commission the 
above "previous question;" incloses two tele- 
grams from Iloilo recounting the last military 
operations against the insurgents; and one 
from Manila. 

States it is indispensable to set forth in treaty 
in favor of whom Spain will renounce sover- 
eignty; asks instructions on this point. 

Communicates a telegram from the governor- 
general of the Visayas, reporting the last en- 
gagements with the insurgents. 

Answers telegram of previous day, approving 
its contents, and states that it is indispensable 
that the United States shall accept renuncia- 
tion of sovereignty in their favor, determining 
the mutual rights and obligations of such re- 
nunciation and the rights acquired by Spain. 

Incloses copy of the reply, made at the second 
meeting, by the Americans declaring their 
incompetency to take up the " previous ques- 
tion " of determining the statu quo in the 
Philippines. Protocol of second conference. 

Announces holding of third conference 

Incloses copy of memorandum and counter draft 
of treaty presented by the Spanish Commis- 
sion regarding the renunciation of sovereignty 
by Spain in the Antilles. Protocol of third 
conference. 

Reports holding of fourth conference, in which 
Spanish Commissioners presented fresh mem- 
orandum, their counter draft having been 
rejected. 

Sends copy of memorandum above referred to. 
Protocol of fourth conference. 

Reports holding of fifth conference 

Directs him to ascertain if the report of the 
sending of vessels and men to the Philippines 
is true; and that he intimate to the American 
Commissioners the suggestion, heretofore 
made, regarding Spanish prisoners in the 
hands of insurgents. 

Approves the conduct of the Spanish Commis- 
sioners in the pending negotiations. 



XXVIII 



contents: part hi. 

LIST OF PAPERS— Continued. 



No. From and to whom. 



Date. 



Subject. 



Page 



The president of the Span- 
ish Peace Commission to 
the Minister of State. 



Same to same.. 



Oct. IS 



31 I Same to same.. 



32 Same to same.. 

33 Same to same.. 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 



The president of the Span- 
ish Peace Commission to 
the Minister of Stale. 



Same to same (telegram).. 



Oct. 



Oct. 18 



Oct. 



Oct. 



Same to same.. 



38 The Spanish ambassadorat 
Paris to the Minister of 
State (telegram). 



.do. 



Oct. 



Oct. 



Oct. 



.do. 



Reports that in the fifth conference the Ameri- 
can Commissioners continue their refusal, in 
the name of the United States, to accept sover- 
eignty over the island of Cuba. Protocol of 
fifth conference and American memorandum 
replying to Seiior Montero Rios's memoran- 
dum of October 12. 

Reports meeting of sixth conference, in which 
the American Commission withdrew their 
draft, submitting another even less admis- 
sible. Reports having called attention to the 
announcement of the sending of more troops 
to Manila and the ill treatment of prisoners 
by the Tagalos. 

Incloses American memorandum proposing to 
substitute for the articles already submitted 
the precise stipulations of Articles I and II of 
the protocol. Protocol of the sixth conference. 

Reports adjournment of the conference, which 
should have met on that date. 

Reports meeting of seventh conference, and the 
presentation by the Spanish Commission of 
a counter-draft article, with accompanying 
memorandum, giving reasons for not accept- 
ing last American draft. 

States in event of Americans persisting, it would 
be proper, as a last resort, to invoke the pro- 
test of Spain against the extremity imposed 
and to suggest arbitration of the matter of 
the Cuban debt. Confidential letter from 
Duke Almodovar del Rio to Seiior Montero 
Rios, to which this telegram relates. 

Acknowledges receipt of royal order of the i6th 
October, approving his course. Incloses copy 
of Spanish counter draft and memorandum 
submitted at seventh conference. Protocol 
of the same. 

Reports meeting of eighth conference, and that, 
the Americans remaining firm, an immediate 
rupture is threatened. 

States that Mr. Day declared in eighth confer- 
ence that the United States can not accept 
the counter-draft articles submitted at the 
last conference by the Spanish Commissioners 
because the payment of the Cuban debt is 
stipulated. Being asked if the Spanish Com- 
mission would decline to consider any articles 
as to Cuba and Porto Rico which contained 
no provision for the assumption of indebted- 
ness by the United States or Cuba, or both, 
President Montero RIos evaded an answer, 
not knowing his Government's intentions re- 
garding the Philippines; therefore he desired 
to subordinate the question of the debt to the 
Philippine question. Protocol of the eighth 
conference. 
Reports interview with the American ambassa- 
dor for the purpose of facilitating the nego- 
tiations. 



296 



contents: part hi. 

LIST OF PAPERS— Continued. 



XXIX 



No. 



From and to whom. 



Subject. 



Page. 



46 



Oct. 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 



The Ministerof State to the do. 

Spanish ambassador at 
Paris (telegram). 

The president of the Span- ; do. 

ish Peace Commission to [ 
the Minister of State (tel- 
egram). I 

The Spanish ambassador at 
Paris to the Minister of 
State (telegram). 

The president of the Span- ; do. 

ish Peace Commission to 
the Minister of State. 



Oct. 



Same to same.. 



Same to same , Oct. 28 



Same to same.. 



Same to same.. 



Oct. 31 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 



The president of the Span- 
ish Peace Commission to 
the Ministerof State (tel- 
egram). 

The Ministerof State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram!. 



Nov. 



.do. 



Incloses telegram from the captain-general of 
the Philippines to the Minister of War, re- 
portingth'e revolt of a Mindanao native com- 
pany. 

Reports another interview with the American 
ambassador and the American Commissioner, 
Mr. Reid; both maintain impossibility of ac- 
cord on the question of Cuban debt. 

Acknowledges foregoing telegram, and asks 
further explanation. 

Reports meeting of ninth conference, in which 
Spanish Commission replies to the question 
raised by the Americans at the last session. 

Sends the explanations requested concerning his 
telegram of October 26. I 

Reports the incidents of the ninth conference. 
Incloses copy of the Spanish memorandum 
supporting the articles they submitted on Oc- 
tober 21, which were refused by the Americans 
on the 2+th. Protocol of the ninth conference. [ 
Reports meeting of tenth conference, in which 
American Commissioners consented that the 
approval of articles omitting the colonial debt 
should be conditional, the Spanish Commis- 
sioners reserving the right to discuss the debt 
any time during the treaty discussion. 
Supplements foregoing telegram and incloses 
memorandum presented by the American Com- 
missioners replying to the Spanish memoran- 
dum of the 2ist. Protocol of the tenth confer- 
ence. 
Requests delay in returning to Spain the general 
archives of Cuba, lest such action be inter- 
preted to Spain's disadvantage. 
Reports meeting of eleventh conference, in 
which American Commission has asked ces- 
sion of the entire Philippine Archipelago. 
Requests him to send telegraphic extract of 
American propositions regarding Philippines. 
Says French ambassador has delivered, 
through the president of the Council of Minis- 
ters, a statement of the holders of the Cuban 
debt, urging consideration of their rights con- 
formably to the guaranties under said debt. 
Answers foregoing; sending te.xt of American 
proposition. 

Asks the degrees of latitude and longitude with- 
in which the Americans place the territory 
claimed. 



Sends the data asked in foregoing telegram. 



308 



308 



309 



XXX 



contents: part hi. 

LIST OF PAPERS— Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






i8q8. 






53 


The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 


Nov. 2 


Acknowledges receipt of above data; says de- 
mands of Americans exceed the limit which 
might have been expected. 


309 


54 


The president of the Span- 
ish Peace Commission to 
the Minister of State. 


Nov. I 


E.xpresses his surprise at receiving American 
proposition for Spain to cede all the Philip- 
pines, and asks instructions. Protocol of 
eleventh conference. 


310 


55 


Same to same (telegram) 


Nov. 2 


Requests copy of the boundary treaty with Japan 
of 1895. 


311 


56 


The Minister of State to the 
president of the Spanish 


do 


Announces sending of document reouested 


311 






Peace Commission (tele- 










gram). 








57 


The Spanish ambassador at 
Paris to the Minister of 
. State (telegram). 


do 


Says American ambassador has declared that 
the American delegates have received final 
instructions to demand the cession of the Phil- 
ippines, agreeing, in principle, to give some 
compensation to Spain. 


311 


58 


The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 


Nov. 3 


Sends the instructions desired, saying it is not 
advisable to renounce sovereignty over the 
Philippines, but if the Americans insist upon 
their contention the proposition maybe made 
that Spain will lease the islands to e.xploiting 
companies. If this is not availing, the Spanish 
Commissioners should ask a recess from the 
conferences in order to advise with His Maj- 
esty's Government concerning the matter. 


3" 


59 


The Minister of State to the 
Spanish ambassador at 
Paris (telegram). 


do 


Reports having addressed foregoing telegram 
to the Spanish Commission. 


312 


60 


The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 


Nov. 4 


Reports meeting of twelfth conference, in which 
the Spanish Commissioner presented a coun- 
ter proposition opposing the American position, 
and inviting it to submit another proposition 
on the subject. 


313 


61 


Same to same 


Nov. 5 


Incloses the counter proposition referred to, be- 
sides setting forth Spain's right to demand of 


313 












the United States the release of the garrison 










at Manila and return of the public property 










and funds which the Americans shall hold 










when the treaty of peace is signed, and the ob- 










ligation of the United States to indemnify 










Spain for the damage she has suffered on this 










account. Protocol of the twelfth conference. 




62 


The Minister of State to the 


Nov. 7 


States that the Council of Ministers has decided 


316 




president of the Spanish 




to defer any decision until informed of the 




Peace Commission (tele- 




American reply to the last proposition pre- 






gram). 




sented by the Spanish Commissioners. 




63 


The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 


Nov. 8 


Acknowledges receipt of foregoing, and states 
that the session which was to have met on this 
date has been postponed. 


317 


64 


The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 


do 


Transmits telegram from the captain-general of 
the Visayas to the Minister of War, reporting 
events. 


317 



contents: part hi. 

LIST OF PAPERS— Continued. 



XXXI 



From and to whom. 



The president of tiie Span- Nov. 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

Same to same (telegram) \ Nov. lo 



Date. 



Subject. 



The Minister of State to the do. 

president of the Spanish 
Peace Commission (tele- 
gram). 

Same to same do . 



Reports meeting of thirteenth conference, in 
which Americans refused the Spanish counter 
proposition and insisted on the cession of the 
entire archipelago. 

Asks copies of all the notes exchanged with the 
United States since August 12. 

States above documents have been sent 



The president of the Span- Nov. 11 
ish Peace Commission lo 
the Minister of State (tel- 
egram). 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- | Nov. 
ish Peace Commission to 
the Minister of State. 



The Minister of State to the Nov. 12 
president of the Spanish 
Peace Commission (tele- 
gram). 

The Minister of State to the Nov. 12 
president of the Spanish 
Peace Commission. 

The president of the Span- Nov. 16 
ish Peace Commission to 
the Minister of State (tel- 
egram). 



Same to same Nov. 17 

Same to same I Nov. 19 

Same to same Nov. 21 



The Spanish ambassador at Nov. 22 
Paris to the Minister of 
State (telegram). 

The Minister of State to the ' do. 

president of the Spanish 
Peace Commission (tele- 
gram). 



Directs him to ask the arbitration as to inter- 
pretation of the third clause of the protocol, 
and, if not accepted, to ask postponement of 
the conference in order to receive instructions 
from his Government. 

Acknowledges receipt of above telegram an- 
nouncing forwarding of requested documents, 
and requests certain others. E.\presses fear 
of rupture at ne.xt session in closing Philip- 
pine discussion, and urgently asks instructions. 

Answers foregoing by sending instructions 



Reports details of meeting of thirteenth confer- 
ence, and incloses copy of American memo- 
randum in reply to the Spanish proposition of 
November 4 respecting the demand for the 
cession of the Philippine Islands. Protocol of 
thirteenth conference. 

Acknowledges receipt of foregoing and refers 
to present opportunity for proposing arbitra- 
tion. If not accepted, can ask suspension of 
conferences until instructions are received. 

Answers telegram regarding sending of docu- 
ments. 

Reports meeting of fourteenth conference, in 
which Spanish Commissioners submitted, in 
one paper, a reply to the American memoran- 
dum and memorandum sustaining propo- 
sitions contested by the Americans; and 
proposing, finally, arbitration to interpret Arti- 
cles III and IV' of the protocol. 

Amplifies foregoing and incloses copy of the 
memorandum mentioned. Protocol of four- I 
teenth conference. 

Reports postponement of conference which was 
to have been held that day. 

Reports meeting of fifteenth conference, in 
which American Commissioners presented 
memorandum fi.xing until the 28th of the month 
for the Spanish Commissioners to accept their 
proposals. 

Says Mr. Whitelaw Reid has informed him that 
last American memorandum has character of 
ultimatum. 

Acknowledges receipt of last telegram. Says 
Council of Ministers is to meet, after which 
the resolutions decided upon will be tele- 
graphed. 



325 
326 



XXXII 



contents: part hi. 

LIST OF PAPERS— Continued. 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






1898. 






80 


The Minister of State to the 
Spanish ambassador at 
Paris (telegram). 


Nov. 22 


Acknowledges receipt of his telegram of pre- 
vious day. Says that the Cabinet will im- 
mediately confer, with view of adopting final 
decision, which they have postponed in vain 
hope of situation bettering. 


327 


81 


The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 


do 


Says American Commission has refused to ac- 
cept arbitration. 


328 


82 


The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 


do 


States that, the Council of Ministers having 
met, the Government thinks the sessions 
should be postponed until the documents 
which are awaited can be read and a decision 
reached. 


328 


83 


The president of the Span- 
ish Peace Commission to 
the Minister of State. 


Nov. 21 


Same as above telegram, with more details re- 
garding meeting of fifteenth conference. 
Incloses American memorandum offering 
$20,000,000 for cession of Philippine Archi- 
pelago ; permitting Spanish vessels to enter 
the ports for certain number of years on same 
terms as American vessels; mutually can- 
celing claims of every kind from beginning 
of last Cuban insurrection ; an answer to be 
given by the Spanish Commissioners before 
the 28th of the month. If accepted, the Com- 
mission can then proceed to adjust other 
matters which should form part of the treaty 
of peace. Protocol of fifteenth conference. 


328 


84 


The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 


Nov. 23 


States ne.xt conference will not be held until 
definite instructions are received. 


329 


85 


Q^mp fQ same.... 


do 


States he has addressed a letter to Mr. Day 
asking elucidation of certain doubtful para- 


330 














graphs of the American proposition, to which 










he has received reply. Transmits both com- 










munications. 




86 


Same to same 


Nov. 24 


E.xpresses intention, if authorized, to make cer- 
tain definite propositions to the American 


331 














Commission as means of adjustment. 




87 


The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 


do 


Answers foregoing telegram, saying that in- 
structions will be sent at the conclusion of 
the conference of the Council of Ministers 
now being held. 


331 


88 


Same to same 


(Jo 


States, with a view to suggesting the proposi- 










332 








tions mentioned in his telegram of even date. 










it would be well to sound the American Com- 










missioners to ascertain if they would modify, 










favorably to Spain, the conditions of their 










ultimatum. Adds that definite instructions 










will be sent following day. 




89 


The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 


Nov. 25 


Reports having sent to the president of American 
Peace Commission, as means of adjustment, 
the propositions referred to in his telegram of 
24th instant; adds that he lacks means of 
sounding their views. 


332 



contents: part hi. 

LIST OF PAPERS— Continued. 



XXXIII 



No. 



From and to whom. 



Date. 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
ijram"!. 



Nov. 25 



gi The president of the Span- do. 

ish Peace Commission to 

! the Minister of State (tel- 
egram). 



92 ; Same u> same (telegram) 



Nov. 26 



g3 Same to same (telegram) j do. 



Same to same do. 



The Minister of State to the Nov. 
president of the Spanish 
Peace Commission (tele- 
gram). 



96 The president of the Span- do. 

ish Peace Commission to 
the Minister of State (tel- 
egram). 



97 TheMinister of Statetothe do. 

president of the Spanish 
Peace Commission (tele- 
gram). 



The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

99 TheMinisterof State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

KX) Same to same do 



The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 



Subject. 



Page. 



E.xpresses the desire of the Government that 
protest be formulated against the violence of 
the Americans, but charges the Spanish Peace 
Commission that, heeding the dictates of pru- 
dence, it would be useless to prolong the resist- 
ance and endanger a rupture of negotiations. 
Concludes by directing that the additional 
propositions mentioned in the last memoran- 
dum are not acceptable, and there is no haste 
necessary in answering them. 

Acknowledges receipt of foregoing, and urges 
that the instructions sent be kept secret. 



Asks instructions in case Americans accede to 
some of his propositions, and asks if he must ! 
accept the $20,000,000 in case they remain in- 
flexible in their demands. 

Reports that the president of the American 
Commission has declared that the Government 
of the United States maintains its last pro- 
posal without any modification \\ hatever. 

Incloses copy of Mr. Day's letter above re- 
ferred to. 

States that none of the conclusions in the last 
American proposition are admitted, but that 
no other remedy is seen but submission to 
greater force, and instructs to accept it as a 
whole. 

Acknowledges receipt of foregoing, and asks in- 
structions touching cession of island of Kusaie; 
cable landing in Spanish territory; renewal of 
treaties; and religious liberty in Carolinas — 
points which, according to last proposition, the 
Americans desire incorporated in the treaty of 
peace. 

Replying to last telegram, says additional propo- 
sitions of the Americans are inadmissible; that 
the Spanish reply need not refer to them; that, 
if an answer is necessary, it must be negative. 
The present negotiations must not exceed the 
limit imposed by force. 

Acknowledges receipt of foregoing, and asks 
some explanations. 



Promises a reply in half an hour. 



States that the treaty of peace must be limited 
to the absolute demands, si'w qua tton^ of the 
Americans, Spain refusing everything left to 
her volition. 

Reports meeting of sixteenth conference, in 
which the Spanish Commissioners presented 
the protest agreed upon, concluding by accept- 
ing the American propositions, lacking the 
power to resist them by force. 



335 
336 



336 



S D C- 



-III 



XXXIV 



contents: part hi. 

LIST OF PAPERS— Continued. 



No. From and to whom. 



Date. 



Subject. 



Page. 



The president of the Span- 
ish Peace Commission to 
the .Minister of State (tel- 
egram). 

Same to same 



Nov. 29 



106 



107 



The Minister of State to the do 

president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- Nov. 30 
ish Peace Commission to 
the Minister of State (tel- 
egram). 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 



The president of the Span- | Nov. 30 
ish Peace Commission to 
the Minister of State (lel- 
; egram). 
108 Same to same do 



109 I The Minister of State to the 
I president of the Spanish 
Peace Commission (tele- 
gram). 

no Same to same 



Dec. 



The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egramK 

The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 




Further details of above conference. Protocol 
of si.xteenth conference. 



Acknowledges telegram of the previous evening 
from the Minister of State. Will be guided by 
its contents. Asks if he shall accept the trans- 
portation to Spain, at expense of United States, 
of the garrison at Manila. Requests copy of 
the instructions given the Cuban and Porto 
Rican evacuation commission. 

Gives further details concerning his telegram of 
the 28th. 



Acknowledges above telegram. Asks explana- 
tion concerning one passage. Requests that 
certain documents be sent to him. Asks ad- 
vice concerning American demand that the mil- 
itary forces and authorities shall be charged 
with the preservation of order and life in the 
Philippines until ratification of treaty. 

Answers telegram of previous day, saying there 
is nil objection to returning the prisoners from 
Manila at the cost of the United States if the 
American Commission proposes it. Says the 
Spanish Commission was supplied with docu- 
ments requested when it started for Paris. 

Reports that the documents referred to liave 
been found, but there are some points of ex- 
planation needed, and he asks the data. 

Reports meeting of seventeenth conference, in 
which the first eight articles of the treaty were 
approved. Protocol of seventeenth confer- 
ence. Text of first eight articles of treaty. 

Says he will answer his telegram of 30th as soon 
as Council of Ministers meets. 



Sends promised answer, stating that the policy of 
the Government regarding cession of colonial 
territories is not to separate its possessions; 
regarding cable landings, not to limit their 
rights of concession; regarding renewal of 
treaties, to negotiate anew those that may be 
needed; regarding religious liberty in the 
Carolinas, to respect the status preceding the 
war; and regarding claim of the Americans 
to preserve order in the Philippines prior to 
ratification, to concede it only if the Spanish 
prisoners in the hands of the Americans and 
insurgents are previously delivered. 

Reports postponement of conference 



Incloses some historical data regarding Ameri- 
can missions in Carolinas. 



S'fS 



346 



contents: part hi. 

LIST OF PAPERS-Continued. 



XXXV 



No. 


From and to whom. 


Date. 


Subject. 


Page. 






i8g8. 






"o 


The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 


Dec. I 


Reports sending by mail cop)' of acts of evacu- 
ating commissions of Porto Rico, and a tele- 
gram from the Governor-General of Cuba in 
the matter. 


347 


114 


The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 


Dec. 2 


Replies to telegram of ist instant, stating, among 
other things, the convenience of having Span- 
ish and American authorities in the Philippines 
decide by common agreement which of them 
shall be charged with the protection of lives 
and property until ratification of the treaty. 


348 


115 


Same to same 


do 


Reports meeting of eighteenth conference, in 


349 



123 
124 



The Ministerof State to the do. 

president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- do. 

ish Peace Commission to 
the Minister of State. 

Same to same 



Dec. 



The Ministerof State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- 
ish Peace Commission to 
the Minister of State (tel- 
egram). 

The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- 
ish Peace Commission to 
the Ministerof State (tel- 
egram). 

Same to same 

Same to same 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 



Dec. 



Dec. 



Dec. 6 
do.... 



Dec. 



126 Same to same. 



which the Spanish Commission opposed the 
discussion of accessory propositions until the 
main points of the treaty are decided. 
States that it is not possible to discuss matters 
foreign to the protocol until all the points 
under it are settled. 

Confirms telegram of this date relative to meet- 
ing of eighteenth conference. Protocol of 
eighteenth conference. 

E.xpresses belief that the Americans aspire to 
the possession of the Philippines prior to rati- 
fication of the treaty. 

States that if the .Americans make the commer- 
cial concessions dependent on the acceptance 
of the accessory propositions he should be 
immediately informed, in order that the Coun- 
cil may give appropriate instructions. 

Reports postponement of conference 



E.xpresses hope of early adjustment of treaty: 
accessory matters not being denied subsequent 
consideration. 

Reports meeting of nineteenth conference, in 
which first eight articles of the treaty were 
finally approved. 



Incloses copy of nineteenth protocol 

Enumerates the eight articlesalready approved; 
says the other articles of the Spanish draft are 
under discussion; asks instruction concerning 
additional demands of the Americans. 

Replies to above telegram, saying Council of 
Ministers has been called to consider the 
matter. 



States that, as the United States does not wish 
to contract obligations beyond the period of 
their occupation of Cuba, it should give Spain 
a guaranty that an independent Government 
in Cuba will respect the rights acquired by 
this treaty. Directs him again to propose an 
investigation touching the cause of the explo- 
sion on the Maine. 



355 

355 



XXXVl 



contents: part hi. 

LIST OF PAPERS— Continued. 



No. 



From and to whom. 



The president of the Span- 
ish Peace Commission to 
the Minister of State. 

Same to same 



Same to same.. 



Same to same.. 



The Minister of State to the 
president of the Spanish 
Peace Commission (tele- 
gram). 

The president of the Span- 
ish Peace Commission to 
the Minister of State! tele- 
gram). 

Same to same 



Treaty of peace between 
Spain and the United 
States. 

The President of the Span- 
ish Peace Commission to 
the Minister of State. 



Date. 



Dec. 8 



Dec. 



Dec. 



Dec. 



Dec. 



Dec. 



Subject. 



Supplements his telegram of previous day, re- 
garding fresh demands of the Americans. 
Protocol of twentieth conference. 

Says that, in twenty-first conference, the Amer- 
icans refused to have inquiry concerning ex- 
plosion on the Maine. Consented to insert an 
article providing that, at the end of military 
occupation in Cuba, the United States "would 
counsel" the Cuban Government to observe 
the provisions of the treaty. The Spanish Com- 
missioners declared that any consideration of 
accessory matters should be separate from the 
treaty, the subjects being foreign to it. 

Supplements foregoing telegram. Protocol of 
twenty-first conference and memorandum pro- 
test of the Spanish Commissioners. 

Reports signature of the treaty, the American 
Commission having previously submitted a 
memorandum in reply to the Spanish memo- 
randum protest. 

Acknowledges receipt of foregoing. Congratu- 
lates Commission in his name and that of the 
Government for the ability arid earnestness 
show-n in defending the rights of Spain. 

Expresses grateful acknowledgment, in name of 
Commission, for the congratulatory message. 



Confirms telegram of previous day reporting 
signature of treaty. Protocol of twenty-second 
conference and American memorandum. 

Text 



Page. 



Incloses protocols of all the conferences, and 
makes extended observations on the subject. 



360 



361 



362 



363 



364 



PART IV. 

Negotiations for a treaty of cession to the United States of the islands of Si/>util and 

Cagayan de fold. 



Subject. 


No. of 
document. 


Pages. 




: to 26 


375 to 398 





LIST OF PAPERS. 



No. From and to whom. Date. 



The Minister of State to the 
Spanish minister at Wash- 
ington. 

Same to same 

The Spanish minister at 
Washington to the Minis- 
ter of State. 

Same to same 



I goo 




Jan. 


IS 


Jan. 


i6 


Feb. 


6 



The Minister of State to the 
Spanish minister (tele- 
gram). 

The Spanish minister to the 
Minister of State (tele- 
gram). 

Same to same 

Same to same (telegram).... 

Same to same 

Same to same 



The Minister of State to 
the Spanish minister at 
Washington. 

Same to same (telegram).... 



Feb. 



Feb. 26 



The Spanish minister to the 
Minister of State (tele- 
gram). 

Same to same 



Feb. 



Feb. 
Apr. 



Apr. II 



Apr. 19 



May 



May 13 



May 



May 25 



Subject. 



Page. 



Directs him to claim in name of Spain sover- 
eignty over the islands of Sibutii and Cagayan 
de J0I6 occupied by the Americans. 

Same as above 

Reports having presented a note in accordance 
with above instructions. 

Reports that the Government has ordered oc- 
cupied all the islands the possession of which 
might be doubtful under the demarcation of 
the treaty. 

Asks if the press report is true that the United 
States has recognized Spain's rights. 

Replies that rumor is not correct 



376 
376 



378 



S D C- 



-lY 



Supplements foregoing telegram 

Announces that the Government of the United 
States declines to return the two islands to 
Spain. 

Supplementing his telegram, he incloses copy of 
note from the Secretary of State and of his 
acknowledgment. 

Sends copy of a note dated i6th instant, which the 
Secretary of State has addressed to him, mak- 
ing observations upon the minister's previous 
communication. 

Approves minister's course; authorizes him to 
negotiate for the sale of the islands to the 
United States, submitting the question to arbi- 
tration if the Secretary of State prefers. 

Authorizes the minister to inform the United 
States of Spain's readiness to cede the islands. 

States that the United States Government wishes 
to know, confidentially, what price Spain de- 
sires. 

Refers to note he addressed on 19th instant to the 
Secretary of State, and reports a conversa- 
tion with him in which the minister stated 
Spain's disposition to cede the islands. 

.X.XXVll 



379 
381 



381 
385 

387 

388 
388 

3S8 



XXXVIII 



contents: part iv. 

LIST OF PAPERS— Continued. 



Xo. . From and to whom. 



gram). 
The Spanish minister to the 
Minister of State (tele- 
gram). 



2 1 I Same to same.. 



The Minister of State to the 

Spanish minister. 
The Spanish minister to the 

Minister of State. 

The Minister of State to the 
Spanish minister. 



Same to same.. 



The Spanish minister to the 
Minister of Slate (tele- 
gram). 



Date. 



15 


The Minister of State to the 
Spanish minister (tele- 


igoo. 
May 26 


16 


gram). 
The Spanish minister to the 
Minister of State (tele- 


June 14 


17 


gram). 
The Minister of State to the 
Spanish minister (tele- ■ 


June 16 


18 


gram). 
The Spanish minister to the 
Minister of State (tele- 
gram). 


June 17 


IQ 


The M inister of State to the 
Spanish minister (tele- 


June 28 



June 30 



do 

July 16 
July 23 

Sept. 12 

Oct. 30 

Nov. 7 



Subject. 



Authorizes minister to ask $100,000 for cession 
of islands to the United States. 

States that the United States only offers $50,000 
for the islands. 

Declines $50,000 as price for cession of the 
islands, as they are on route to Australia. 

States that if there is no agreement, the ques- 
tion will revert to its former status— as the 
negotiation for their sale has been unofficial — 
the United States maintaining their right to 
the islands. 

Replies that price offered by United States is 
not acceptable. 

Reports having advised United States Govern- 
ment of Spain's refusal to accept price. The 
minister reports continuing' his efforts to ob- 
tain what Spain asks. 

Confirms telegrams of 14th, 17th, and 30th instant, 
and makes detailed report. 

Acknowledges receipt of foregoing, and ap- 
proves course. 

Reports that the United States has resolved to 
pay the $100,000 asked by Spain. Incloses 
copy of draft of treaty of cession. 

Congratulates minister on result obtained. Re- 
turns the draft of treaty with unimportant 
amendments. 

Asks how matter is progressing; urges early 
signature of treaty. 

Reports signature of treaty. Incloses te.xt 



Page. 



392 
396 
397 



398 



PART 1. 

GENERAL NEGOTIATIONS WITH THE UNITED STATES FROM 
APRIL lo, 1896, UNTIL THE DECLARATION OF WAR. 



TRANSLATION 



(Documents presented to the Cortes in the Legislature of 1898 by the Minister of State.) 



CORRESPONDENCE. 



No. I. 

The Mi/lister Plenipotentiary of His Majesty in Washington to the 
Minister of State. 

[Translation.] 

Washington, April lo, i8g6. 
Excellency: The diplomatic attache, Don Antonio Phi, will 
deliver to your excellency the original of the note which the Secre- 
tary of State of the United States has addressed to me under date 
of the 4th instant and which I received day before yesterday — the 
8th — in the afternoon. 

Realizing its importance, I sent immediately to your excellency 
a full telegraphic extract, forwarding to you to-day a translation of 
the note, which I have dictated, endeavoring to translate it into 
Spanish as literally as possible. 

I believe it unnecessary to express myself at length upon the 
note. The style is clear and exact, the propositions do not admit 
of doubt, and, since your excellency knows from my official and 
informal correspondence the evolution of views of the Secretary of 
State which has produced the explicit definition of Mr. Cleveland's 
policy contained in this important document, I need not comment 
upon it. 

It is not surprising that, the true situation of Cuba being so 
difficult to understand and public opinion against Spain having 
been agitated more than a year and shown in so aggressive a 
manner in the discourses in Congress, there may be some portions 
(of the note) in which too much importance is given to the insurrec- 
tion and in which Spain's forces are not appreciated. 

But, aside from these errors, which are the same in all European 
and American press, there is such explicit recognition of the sover- 
eignty of Spain, such categorical and dignified declarations of non- 
intention to intervene or meddle with our internal affairs, such precise 
knowledge of what the insurgents are, such true appreciation of 
what the island would be if it should be delivered to them, and such 
frank assertions that the United States has no ambitious intentions, 
that I consider Mr. Olney's communication very satisfactory and it 
has been a real pleasure to me to receive it. 

3 



4 SPANISH CORRESPONDENCE AND DOCUMENTS. 

It is not for me in any way to conjecture the grounds for the 
counsels which are tendered to the Government of His Majesty. 

The Government of His Majesty in its wisdom and patriotism 
will determine what most assures the dignity and interests of Spain ; 
and I only need add that from the reading of this paper, and from 
the conversations which I have had with the Secretary of State be- 
fore and since its receipt, I have become convinced that Mr. Cleve- 
land's attitude and that of his principal counselor is inspired by 
true sentiments of friendship toward Spain and by a love for peace 
and justice, and that they are entirely sincere. 

When one considers the numerous resolutions of the two Houses 
of Congress, the popular agitation, the tide of public opinion, super- 
ficial but widespread, which has been inspired against Spain by our 
enemies, the attitude of the press and what it has been asking and 
is asking even to-day— nay, more, what has been demanded and is 
demanded even now of the President of the Republic — we can do no 
less than admire the high qualities of rectitude and honor, the fear- 
lessness and the respect toward the legitimate rights of Spain, which 
are shown in this note addressed by this Government, through me, 
to the Government of His Majesty. 

In the interview I had yesterday with Mr. Olney, he assured me 
that, in case of Spain agreeing with this Government, the initiative 
will be left to her as to what the reforms shall be, as to the time and 
occasion for tendering them and putting them into force, as to the 
form which may be observed in doing so; it being understood that 
this is a matter requiring calm deliberation. The intimation only 
was made that if such action is taken promptly it will be an assistance 
to this Government, which has to combat an extreme public opinion 
urging definite intervention in favor of the revolutionists. 

I have limited myself to the reply which your excellency will see 
in the accompanying inclosure. 

Dios, etc., Enrique Dupuy de Lome. 



[Inclosure A.] 



The Secretary of State of the United States to the Minister Plenipotentiary of His 
Majesty in Washington. 

^o- IIO-] Department of St.a.te, 

Washington, April 4, 1806. 
Sefior Du.N Enrique Dupuy de Lome, 

Etc., Etc., Etc. 

Sir: It might well be deemed a dereliction of duty to the Government of the 

United States, as well as a censurable want of candor to that of Spain, if I were 

longer to defer official expression as well of the anxiety with which the President 

regards the existing situation in Cuba as of his earnest desire for the prompt and 



SPANISH CORRESPONDENCE AND DOCUMENTS. 5 

permanent pacification of that island. Any plan giving reasonable assurance of 
that result and not inconsistent with the just rights and reasonable demands of all 
concerned would be earnestly promoted by him by all the means which the Con- 
stitution and laws of this country place at his disposal. 

It is now some nine or ten months since the nature and prospects of the insur- 
rection were first discussed between us. In explanation of its rapid and, up to 
that time, quite unopposed growth and progress, you called attention to the rainy 
season, which, from May or June until November, renders regular military opera- 
tions impracticable. Spain was pouring such numbers of troops into Cuba that 
your theory and opinion that, when they could be used in an active campaign, the 
insurrection would be almost instantly suppressed, seemed reasonable and proba- 
ble. In this particular you believed — and sincerely believed — that the present 
insurrection would offer a most marked contrast to that which began in 1S68, and 
which, being feebly encountered with comparatively small forces, prolonged its 
life for upward of ten years. 

It is impossible to deny that the expectations thus entertained by you in the 
summer and fall of 1S95, and shared not merely by all Spaniards but by most dis- 
interested observers as well, have been completely disappointed. The insurgents 
seem to-day to command a larger part of the island than ever before. Their men 
under arms, estimated a year ago at from ten to twenty thousand, are now con- 
ceded to be at least two or three times as many. Meanwhile, their discipline has 
been improved and their supply of modern weapons and equipment has been 
greatly enlarged, while the mere fact that they have held out to this time has given 
them confidence in their own eyes and prestige with the world at large. In short, 
it can hardly be questioned that the insurrection, instead of being quelled, is to-day 
more formidable than ever and enters upon the second year of its existence with 
decidedly improved prospects of successful results. 

Whether a condition of things entitling the insurgents to recognition as bellig- 
erents has yet been brought about may, for the purposes of the present communi- 
cation, be regarded as immaterial. If it has not been, it is because they are still 
without an established and organized civil government having an ascertained situs, 
presiding over a defined territory, controlling the armed forces in the field, and not 
only fulfilling the functions of a regular government within its own frontiers, but 
capable internationally of exercising those powers and discharging those obliga- 
tions which necessarily devolve upon every member of the family of nations. It 
is immaterial for present purposes that such is the present political status of the 
insurgents because their defiance of the authority of Spain remains none the less 
pronounced and successful and their displacement of that authority throughout a 
very large portion of the island is none the less obvious and real. When in 1S77 
the president of the so-called Cuban republic was captured, its legislative cham- 
ber surprised in the mountains and dispersed, and its presiding officer and other 
principal functionaries killed, it was asserted in some quarters that the insurrection 
had received its deathblow and might well be deemed to be extinct. The leading 
organ of the insurrectionists, however, made this response: 

"The organization of the liberating army is such that a brigade, a regiment, a 
battalion, a company, or a party of 25 men can operate independently against the 
enemy in any department without requiring any instructions save those of their 
immediate military officers, because their purpose is but one, and that is known by 
heart, as well by the general as his soldier, by the negro as well as the white man 
or the Chinese, viz, to make war on the enemy at all times, in all places, and by all 
means; with the gun, the machete and the firebrand. In order to do this, which 
is the duty of every Cuban soldier, the direction of a government or a legislative 
chamber is not needed; the order of a subaltern officer, serving under the general 



6 SPANISH CORRESPONDENCE AND DOCUMENTS. 

in chief, is sufficient. Thus it is that the government and chamber have in reality been 
a superfluous luxury for the revolution." 

The situation thus vividly described in 1877 is reproduced to-day. Even if it be 
granted that a condition of insurgency prevails and nothing more, it is on so large 
a scale and diffused over so extensive a region and is so favored by the physical 
features and the climate of the country that the authority of Spain is subverted 
and the functions of its government are in abeyance or practically suspended 
throughout a great part of the island. Spain still holds the seaports and most, 
if not all. of the large towns in the interior. Nevertheless a vast area of the ter- 
ritory of the island is in effect under the control of roving bands of insurgents, 
which, if driven from one place to-day by an exhibition of superior force, abandon 
it only to return to-morrow when that force has moved on for their dislodgment 
in other quarters. The consequence of this state of things can not be disguised. 
Outside of the town, still under Spanish rule, anarchy, lawlessness and terrorism 
are rampant. The insurgents realize that the wholesale destruction of crops, fac- 
tories, and machinery advances their cause in two ways. It cripples the resources 
of Spain on the one hand; on the other, it drives into their ranks the laborers 
who are thus thrown out of employment. The result is a systematic war upon the 
industries of the island and upon all the means by which they are carried on, and 
whereas the normal annual product of the island is valued at something like eighty 
or a hundred millions, its value for the present year is estimated by competent 
authority as not exceeding twenty millions. Bad as is this showing for the present 
year it must be even worse for the next year and for every succeeding year during 
which the rebellion continues to live. Some planters have made their crops this 
year who will not be allowed to make them again. Some have worked their fields 
and operated their mills this year in the face of a certain loss who have neither 
the heart nor the means to do so again under the present even more depressing 
conditions. Not only is it certain that no fresh money is being invested on the 
island, but it is no secret that capital is fast withdrawing from it, frightened away 
by the hopelessness of the outlook. Why should it not be? What can a prudent 
man foresee as the outcome of existing conditions except the complete devastation 
of the island, the entire annihilation of its industries, and the absolute impoverish- 
ment of such of its inhabitants as are unwise or unfortunate enough not to sea- 
sonably escape from it? The last preceding insurrection lasted for ten years and 
then was not subdued, but only succumbed to the influence of certain promised 
reforms. Where is found the promise that the present rebellion will have a shorter 
lease of life, unless the end is sooner reached through the exhaustion of Spain 
herself? Taught by experience, Spain wisely undertook to make its struggle with 
the present insurrection short, sharp and decisive; to stamp it out in its very 
beginning by concentrating upon it large and well-organized armies — armies infi- 
nitely superior in numbers, in discipline, and in equipment to any the insurgents 
could oppose to them. Those armies were put under the command of its ablest 
general as well as its most renowned statesman — of one whose very name, was an 
assurance to the insurgents both of the skillful generalship with which they would 
be fought afnd of the reasonable and liberal temper in which just demands for 
redress of grievances would be received. Yet the efforts of Campos seem to have 
utterly failed, and his successor, a man who, rightfully or wrongfully, seems to 
have intensified all the acerbities of the struggle, is now being reenforced with 
additional troops. It may well be feared, therefore, that if the present is to be of 
shorter duration than the last insurrection it will be because the end is to come 
sooner or later through the inability of Spain to prolong the conflict, and through 
her abandonment of the island to the heterogeneous combination of elements and 
of races now in arms against her. Such a conclusion of the struggle can not be 



SPANISH CORRESPONDENCE AND DOCUMENTS. / 

viewed even by the most devoted friend of Cuba and the most enthusiastic advocate 
of popular government except with the gravest apprehension. There are only too 
strong reasons to fear that, once Spain were withdrawn from the island, the sole 
bond of union between the different factions of the insurgents would disappear; 
that a war of races would be precipitated, all the more sanguinary for the disci- 
pline and experience acquired during the insurrection; and that, even if there were 
to be temporary peace it could only be through the establishment of a white and 
a black republic, which, even if agreeing at the outset upon a division of the island 
between them, would be enemies from the start and would never rest until the one 
had been completely vanquished and subdued by the other. 

The situation thus described is of great interest to the people of the United 
States. They are interested in any struggle anywhere for freer political institu- 
tions, but necessarily and in special measure in a struggle that is raging almost 
in sight of our shores. They are interested, asa civilized and Christian nation, in 
the speedy termination of a civil strife characterized by exceptional bitterness and 
exceptional excesses on the part of both combatants. They are interested in the 
noninterruption of extensive trade relations which have been and should continue 
to be of great advantage to both countries. They are interested in the preven- 
tion of that wholesale destruction of property on the island which, making no 
discrimination between enemies and neutrals, is utterly destroying American 
investments that should be of immense value and is utterly impoverishing great 
numbers of American citizens. On all these grounds and in all these ways the 
interest of the United States in the existing situation in Cuba yields in extent only 
to that of Spain herself, and has led many good and honest persons to insist that 
intervention to terminate the conflict is the immediate and imperative duty of the 
United States. It is not proposed to now consider whether existing conditions 
would justify such intervention at the present time, or how much longer those 
conditions should be endured before such intervention would be justified. That 
the United States can not contemplate with complacency another ten years of 
Cuban insurrection, with all its injurious and distressing incidents, may certainly 
be taken for granted. The object of the present communication, however, is not to 
discuss intervention, nor to propose intervention, nor to pave the way for inter- 
vention. The purpose is exactly the reverse — to suggest whether a solution of 
present troubles can not be found which will prevent all thought of intervention 
by rendering it unnecessary. What the United States desires to do, if the way can 
be pointed out, is to cooperate with Spain in the immediate pacification of the 
island on such a plan as, leaving Spain her rights of sovereignty, shall yet secure 
to the people of the island all such rights and powers of local self-government as 
they can reasonably ask. To that end, the United States offers and will use her 
good offices at such time and in such manner as may be deemed most advisable. 
Its mediation, it is believed, should not be rejected in any quarter, since none could 
misconceive or mistrust its purpose. Spain could not, because our respect for her 
sovereignty and our determination to do nothing to impair it hav^ been maintained 
for many years at great cost and in spite of many temptations. The insurgents 
could not, because anything assented to by this Government which did not satisfy 
the reasonable demands and aspirations of Cuba would arouse the indignation of 
our whole people. It only remains to suggest that, if anything can be done in the 
direction indicated, it should be done at once and on the initiative of Spain. The 
more the contest is prolonged the more bitter and more irreconcilable is the antag- 
onism created, while there is danger that concessions may be so delayed as to be 
chargeable to weakness and fear of the issue of the contest, and thus be infinitely 
less acceptable and persuasive than if made while the result still hangs in balance 
and they could be properly credited in some degree at least to a sense of right and 



8 SPANISH CORRESPONDENCE AND DOCUMENTS. 

justice. Thus far Spain has faced the insurrection sword in hand, and has made 
no sign to show that surrender and submission would be followed by anything but 
a return to the old order of things. Would it not be wise to modify that policy 
and to accompany the application of military force with an authentic declaration 
of the organic changes that are meditated in the administration of the island with 
a view to remove all just grounds of complaint? It is for Spain to consider and 
determine what those changes would be. But should they be such that the United 
States could urge their adoption as substantially removing well-founded griev- 
ances, its influence would be exerted for their acceptance, and, it can hardly be 
doubted, would be most potential for the termination of hostilities and the restora- 
tion of peace and order to the island. One result of the course of proceeding 
outlined, if no other, would be sure to follow; namely, that the rebellion would 
lose largely, if not altogether, the moral countenance and support it now enjoys 
from the people of the United States. 

In closing this communication, it is hardly necessary to repeat that it is 
prompted by the friendliest feeling toward Spain and the Spanish people. To 
attribute to the United States any hostile or hidden purposes would be a grave and 
most lamentable error. The United States has no designs upon Cuba and no designs 
against the sovereignty of Spain. Neither is it actuated by any spirit of meddle- 
someness nor by any desire to force its will upon another nation. Its geographical 
proximity and all the considerations above detailed compel it to be interested in 
the solution of the Cuban problem, whether it will or no. Its only anxiety is that 
that solution should be speedy, and by being founded on truth and justice should 
also be permanent. To aid in that solution it offers the suggestions herein con- 
tained. They will be totally misapprehended unless the United States be credited 
with entertaining no other purpose toward Spain than that of lending its assistance 
to such termination of a fratricidal contest as will leave honor and dignity unim- 
paired at the same time that it promotes and conserves the true interests of all 
parties concerned. 

I avail myself, etc., Richard Olney. 

[Inclosure B.] 

The Minister Plenipotentiary of His Majesty in Washingtott to the Secretary of State of 

the United States. 

Washington, April 8, i8g6. 
Mr. Secretary; I have received the note which you were pleased to address to 
me under date of the 4lh instant, and I have the honor to say that I highly appre- 
ciate its importance and the spirit of friendship which prompted it. 

I shall hasten to forward it to the Government of His Majesty the King of Spain, 
having already advised him by cable that I have received it. ■" 

I avail myself, etc., 

E. DupuY DE Lome. 



No. 2. 

T/ie Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Translation.] 

Madrid, May 22, i8g6. 
Excellency: In due course I received your excellency's dispatch 
of the loth of last April, accompanied by the original note of Mr. 



SPANISH CORRESPONDEN'CE AND DOCUMENTS. 9 

Olney of the 4th of the same month, regarding the Cuban situation, 
and by the literal translation which your excellency has made of 
said note. 

The importance of the communication from the Government of 
Washington has led the Government of His Majesty to examine it 
with the greatest care and to postpone an answer until such time as 
its own views on the complicated and delicate Cuban question 
should be made public. In this way the previous voluntary de- 
cisions of the Spanish Government may serve, as they are now 
serving, as the basis of the reply. The ample and liberal purposes 
made known to the Cortes by the august lips of His Majesty in the 
speech from the Throne permit the taking up of the matter in all 
sincerity. 

The Government of His Majesty fully appreciates the noble 
frankness with which the Government of the United States has 
advised it of the very definite views it has formed touching the 
juridical impossibility of recognizing the Cuban insurgents as bel- 
ligerents. Indeed, those who 'are fighting in Cuba against the 
integrity of the Spanish mother country do not possess any qualifica- 
tions which entitle them to the respect or even to the consideration 
of other nations; they do not possess — as the Secretary of State 
expresses it — an established and organized civil government, with a 
known seat and administration of defined territory; and they have 
not succeeded in permanently occupying any town, much less any 
city, large or small. It is impossible, therefore — as the Secretary 
of State also said, voluntarily, and with great legal acumen— for the 
Cuban insurgents to perform the functions of a regular government 
within their own frontiers, and much less to exercise the rights and 
fulfill the obligations that are incumbent on all the members of the 
family of nations. Moreover, their systematic. campaign of destruc- 
tion against all the industries of the island, and the means by which 
the campaign is carried on, would of itself be sufficient to keei^ 
them without the pale of the rules of international law universally 
recognized and applicable to the case, leaving to them the character 
to which they are entitled by their acts of vandalism and destruction. 
No less gratifying to the Government of His Majesty has been 
the explicit and spontaneous declaration that the Government of the 
United States seeks no advantage in connection with the Cuban 
question, its only wish and purpose being that the ineluctable and 
lawful sovereignty of Spain be conserved and even strengthened, 
through the submission of the rebels, which, as the Secretary of 
State himself declares,. is of paramount necessity to the Spanish 
Government in order to maintain its authority and honor. No less 
could have been expected from the lofty sense of right cherished 



lO SPANISH CORRESPONDENCE AND DOCUMENTS. 

by the Government of the United States, and the Government of 
His Majesty recognizes with pleasure all the weight carried by 
the emphatic declarations of Mr. Olney touching the sovereignty 
of Spain and the decision of the United States not to do anything 
derogatory to it. 

In view of so correct and so friendly an attitude it is unnecessary 
to discuss, as Mr. Olney remarks, the hypothesis of intervention, 
which would be inconsistent with the aforesaid views. 

There can be no greater accuracy of judgment than that dis- 
played by the Secretary of State touching the future of the island 
of Cuba in the event, which can not and shall not be, of the insur- 
rection terminating in its triumph. As Mr. Olney says, with much 
reason, such a termination of the conflict would be looked upon 
with the most serious misgivings, even by the most enthusiastic 
advocates of popular government, because, as he rightly adds, with 
the heterogeneous combination of races that exists there the disap- 
pearance of Spain would be the disappearance of the only bond of 
union which can keep them in balance and prevent an inevitable 
struggle among the men of different color, contrary to the spirit of 
Christian civilization. The accuracy of the statement of the Secre- 
tary of State is the more striking as, owing to the conditions of 
population in the island, no part of the natives can be conceded 
superiority over the others, if the assistance of the European Span- 
iards is not taken into account. 

The island of Cuba has been exclusively Spanish from its dis- 
covery; the great normal development of its resources, whatever 
they are, whatever their value, and whatever they represent in the 
community of mankind, is due entirely to the mother country; and 
even at this day, among the diverse groups that inhabit it, whatever 
be the standpoint from which the question is examined, the natives 
of the Peninsula are absolutely necessary there for the peace and 
advancement of the island. 

All these reasons clearly demonstrate that it is not possible to 
think that any benefit can come to the island of Cuba except through 
the agency of Spain, acting under her own convictions, and actuated, 
as she has long been, by principles of liberty and justice. The 
Spanish Government is aware that far from having justice done it 
on all sides on these points there are many persons obviously 
deceived by incessant calumnies who honestly believe that a fero- 
cious despotism prevails in our Antilles, instead of one of the most 
liberal political systems in the world being enjoyed there now, as 
well as before the insurrection. One need only glance over the 
legislation governing the Antilles— laws which ought to be suffi- 
ciently known in the United States at this day— to perceive how 



SPANISH CORRESPONDENCE AND DOCUMENTS. I I 

absolutely groundless such opinions are. A collection of the Cuban 
newspapers published in recent years would suffice to show that 
few civilized countries then enjoyed in an equal degree freedom of 
thought and of the press — the foundation of all liberty. 

Naturally the Government of His Majesty and the people of 
Spain wish and even long for the early pacification of Cuba. In 
order to secure it they are ready to exert their utmost efforts and at 
the same time to adopt such reforms as may be useful or necessary 
and compatible, of course, with their inalienable sovereignty, as 
soon as the submission of the insurgents be an accomplished fact. 
It is truly gratifying to me here to observe that our opinions on this 
point coincide with those of the Secretary of State. 

No one, on the other hand, is more fully aware of the serious 
evils suffered by Spaniards and aliens in consequence of the insurrec- 
tion than the Government of His Majesty. It realizes the immense 
injury inflicted on Spain by the putting forth, with the unanimous 
cooperation and approbation of her people, of such efforts as were 
never before made in America by any European country. It knows, 
at the same time, that the interests of foreign industry and trade 
suffer — as well as the Spanish interests — by the system of devasta- 
tion of the insurgents. But if the insurrection should triumph the 
interests of all would not merely suffer, but would entirely and for- 
ever disappear amid the furors of perpetual anarchy. 

It has already been said that in order to avoid evils of such mag- 
nitude the Cabinet of Madrid does not and will not confine itself 
exclusively to the employment of armed force. The speech from 
the Throne, read before the National Representation, promised, 
7notu propria, not only that all that was previously granted would be 
carried into effect as soon as opportunity offers, but also, by fresh 
authorization of the Cortes, all that which may appear to be neces- 
sary to amplify and extend the original reforms, to the end that 
both Antillas may, in the administrative Department, enjoy a per- 
sonnel of a local character — that the intervention of the mother 
country may be dispensed with in their domestic affairs, with the 
limit merely that the rights of sovereignty be not impaired, or the 
powers of the Government to preserve the same. This solemn 
promise, guaranteed by the august word of His Majesty, will be ful- 
filled by the Spanish Government with a true liberality of views. 
The foregoing facts, being better known every day, will make it 
patent to the just people of other nations that Spain, far from pro- 
posing that her subjects in the West Indies should return to a 
regime unfit for the times, when she enjoys such liberal laws, would 
never have withheld these same laws from the islands but for the 
incessant saparatist conspiracies, which compelled her to look above 
all to self-defense. 



12 SPANISH CORRESPONDENCE AND DOCUMENTS. 

" Under the promises thus made, I entertain the confidence that 
the Government of the United States will readily see that Spain, 
while grateful in the highest degree for the kind advice bestowed, 
has forestalled it for a long time past. It follows, therefore, as a 
matter of course, it will comply with it in a practical manner as 
soon as circumstances make it possible. But Mr. Olney will have 
seen by the public press that already the insurgents, elated by the 
strength which they have acquired through the aid of a certain 
number of citizens of the United States, have contemptuously 
repelled, through the medium of the Cubans residing in that coun- 
try, any idea that the Government of Washington can intervene in 
the contest, either with its advice or in any other manner, on the 
supposition that the declarations of disinterestedness of the Govern- 
ment of the United States are false and that it wishes to get posses- 
sion of that island in the future. Hence it is evident that no success 
would attend such possible mediation, which they repel, even admit- 
ting that the mother country would condescend to treat with its 
rebellious subjects, as one power to another, thus certainly jeopard- 
izing its future authority, detracting from its natural dignity, and 
injuriously affecting its independence, for which it has always shown 
so jealous a care in all times, as history teaches. In brief, there is 
no effectual way to pacify Cuba apart from the actual submission 
of the armed rebels to the mother country. 

Notwithstanding this, the Government of the United States 
could, by use of proper means, contribute greatly to the pacification 
of the island of Cuba. The Government of His Majest)^ is already 
very grateful for the intention of the United States to prosecute the 
unlawful expeditions of some of its citizens to Cuba with more vigor 
tiian in the past, after making a judicial investigation to determine 
the adequacy of its laws, when honestly enforced. Still, the high 
moral sense of the Government of Washington will undoubtedly 
suggest to it other more effectual means of preventing from hence- 
forth what is now the case, the prolongation of a struggle so close 
to its borders and so injurious to its commerce and trade (which 
Mr. Olney justly deplores) being especially due to the powerful 
assistance which the rebellion finds in the territory of the great 
American Republic, against the wishes of the larger part of its pop- 
ulation. The constant violation of international law is especially 
manifest on the part of Cuban emigrants, who care nothing for the 
losses suffered in the interim by the citizens of the United States and 
of Spain through the prolongation of the war. 

The Spanish Governt?ient, on its part, has already done much and 
will do more each day in order to achieve so desirable an end, by 
endeavoring to correct the mistakes of public opinion in the United 



SPANISH CORRESPONDENCE AND DOCUMENTS. I 3 

States and by exposing the plots and calumnies of its rebellious 
subjects. It may well happen that the declarations recently made 
in the most solemn form by the Government of His Majesty con- 
cerning its intentions for the future will also contribute in large 
measure to gratify the wish expressed by Mr. Olney that all the 
people of the United States, convinced that the right is witli us, 
will completely cease to extend unlawful aid to the insurgents. 

If, with such an object in view, the Government of the United 
States — which shows itself so hopeful that the justice of Spain may 
be recognized by all — should desire additional information to that 
it already has upon the Cuban question, the Government of His 
Majesty will have the greatest pleasure in supplying it with the 
most accurate details. When the Government of the United States 
shall once be convinced of our being in the right, and that honest 
conviction shall in some manner be made public, but little more 
will be required in order that all those in Cuba who are not striving 
merely to accomplish the total ruin of the beautiful country in 
which they were born, being then without hope of outside aid and 
powerless by themselves, will lay down their arms. 

Until that happy state of things has been attained, Spain, in the 
just defense not only of her rights but also of her duty and honor, 
will continue the efforts for an early victory which she is now 
exerting regardless of the greatest sacrifices. 

In these terms you will reply to the above-mentioned note from 
Mr. Olney. 

Dios. etc.. The Duke of TetuAn. 



No. 3. 

The Minister Plenipotentiary of His Majesty in Washington to the 
Minister of State. 

[Translation.] 

Washington, June 11, i8g6. 
Excellency: As I have had the honor to advise you by tele- 
graph, the attache, Senor Pla, arrived on the 3d instant on his return 
voyage from the Court, with the private note of your excellency. No. 
88, of May 20. 

Carrying out your excellency's instructions, I addressed, under 
date of the 4th instant, the note to Mr. Olney which you directed. 

The Secretary of State, whom I have seen to-day, has shown 
himself very reserved, understanding that the note contains a courte- 
ous refusal by the Government of His Majesty to accept the good 
offices of the United States, and showing an interest in being 



14 SPANISH CORRESPONDENCE AND DOCUMENTS. 

informed at the proper time of the discussion of matters concerning 
the island and the propositions of law which are presented to the 
Cortes, because he believes that the situation here and in Cuba 
must be bettered. 

Dios etc., Enrique Dupuy de Lome. 



No. 4. 

The Minister Plenipotentiary of His Majesty in Washington to the 
Minister of State. 

[Translation.] 

Washington, December p, iSg6. 

Excellency: Inclosed herewith I have the honor to forward to 
3^our excellency a copy of the message of the President, read yester- 
day in the Congress. 

The general tone of the serious press is favorable to the Presi- 
dential message, which asserts that the present Administration will 
do nothing and that the United States ought to intervene only if 
Spain demonstrates her inability to conquer. The sensational news- 
papers overlook much that is good in the message in order to em- 
phasize the final paragraphs; but they openly attack the President 
of the Republic because he gives up all hope for the insurgents and 
proposes to aid Spain in maintaining her sovereignty. The fili- 
bustering junta has offered to publish a statement controverting the 
declarations of the President. 

Dios, etc., Enrique Dupuy de Lome. 



[Inclosure.] 



Extracts fi-om the message of the President of tlie United States, December 7, i8g6, 
relative to the Cuban insurrection. 

* * * It is difficult to perceive that any progress has thus far been made 
toward the pacification of the island or that the situation of affairs as depicted in 
my last annual message has in the least improved. If Spain still holds Habana 
and the seaports, and all the considerable towns, the insurgents still roam at will 
over at least two-thirds of the inland country. If the determination of Spain to 
put down the insurrection seems but to strengthen with the lapse of time and is 
evinced by her unhesitating devotion of largely increased military and naval forces 
to the task there is much reason to believe that the insurgents have gained in point 
of numbers, and character, and resources, and are none the less inflexible in their 
resolve not to succumb without practically securing the great objects for which they 
took up arms. If Spain has not yet reestablished her authority, neither have the 
insurgents yet made good their title to be regarded as an independent state. Indeed, 
as the contest has gone on the pretense that civil government exists on the island, 
except so far as Spain is able to maintain it, has been practically abandoned. Spain 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 5 

does keep on foot such a government, more or less imperfectly, in the large towns 
and their immediate suburbs. But, that exception being made, the entire country- 
is either given over to anarchy or is subject to the military occupation of one or the 
other party. It is reported, indeed, on reliable authority that, at the demand of 
the commander in chief of the insurgent army, the putative Cuban government 
has now given up all attempt to exercise its functions, leaving that government con- 
fessedly (what there is the best reason for supposing it always to have been in fact) 
a government merely on paper. 

Were the Spanish armies able to meet their antagonists in the open, or in 
pitched battle, prompt and decisive results might be looked for and the immense 
superiority of the Spanish forces in numbers, discipline, and equipment could 
hardly fail to tell greatly to their advantage. But they are called upon to face a 
foe that shuns general engagements, that can choose and does choose its own 
ground, that, from the nature of the country, is visible or invisible at pleasure, 
and that fights only from ambuscade and when all the advantages of position and 
numbers are on its side. In a country where all that is indispensable to life in the 
way of food, clothing, and shelter is so easily obtainable, especially by those born 
and bred on the soil, it is obvious that there is hardly a limit to the time during 
which hostilities of this sort may be prolonged. Meanwhile, as in all cases of pro- 
tracted civil strife, the passions of the combatants grow more and more inflamed 
and excesses on both sides become more frequent and more deplorable. They are 
also participated in by bands of marauders, who, now in the name of one party 
and now in the name of the other, as may best suit the occasion, harry the country 
at will and plunder its wretched inhabitants for their own advantage. Such a con- 
dition of things would inevitably entail immense destruction of property, even if it 
were the policy of both parties to prevent it as far as practicable. But while such 
seemed to be the original policy of the Spanish Government it has now apparently 
abandoned it and is acting upon the same theory as the insurgents— namely, that 
the exigencies of the contest require the wholesale annihilation of property, that it 
may not prove of use and advantage to the enemy. 

It is to the same end that, in pursuance of general orders, Spanish garrisons 
are now being withdrawn from plantations and the rural population required to 
concentrate itself in the towns. The sure result would seem to be that the indus- 
trial value of the island is fast diminishing, and that unless there is a speedy and 
radical change in existing conditions it will soon disappear altogether. That value 
consists very largely, of course, in its capacity to produce sugar, a capacity already 
much reduced by the interruptions to tillage which have taken place during the 
last two years. It is reliably asserted that should these interruptions continue 
during the current year and practically extend, as is now threatened, to the entire 
sugar-producing territory of the island, so much time and so much money will be 
required to restore the land to its normal productiveness that it is extremely 
doubtful if capital can be induced to even make the attempt. 

The spectacle of the utter ruin of an adjoining country, by nature one of the 
most fertile and charming on the globe, would engage the serious attention of the 
Government and people of the United States in any circumstances. In point of 
fact, they have a concern with it which is by no means of a wholly sentimental or 
philanthropic character. It lies so near to us as to be hardly separated from our 
territory. Our actual pecuniary interest in it is second only to that of the people 
and Government of Spain. It is reasonably estimated that at least from $30,000,000 
to $50,000,000 of American capital are invested in plantations and in railroad, 
mining, and other business enterprises on the island. The volume of trade 
between the United States and Cuba, which in 1889 amounted to about $64,000,- 
000, rose in 1893 to about $103,000,000, and in 1894, the year before the present 



1 6 SPANISH CORRESPONDENXE AND DOCUMENTS. 

insurrection broke out, amounted to nearly $96,000,000. Besides this large pe- 
cuniary stake in the fortunes of Cuba, the United States finds itself inextricably 
involved in the present contest in other ways both vexatious and costly. 

Many Cubans reside in this country and indirectly promote the insurrection 
through the press, by public meetings, by the purchase and shipment of arms, by 
the raising of funds, and by other means, which the spirit of our institutions and 
the tenor of our laws do not permit to be made the subject of criminal prosecutions. 
Some of them, though Cubans at heart and in all their feelings and interests, have 
taken out papers as naturalized citizens of the United States, a proceeding resorted 
to with a view to possible protection by this Government, and not unnaturally 
regarded with much indignation by the country of their origin. The insurgents 
are undoubtedly encouraged and supported by the widespread sympathy the people 
of this country always and instinctively feel for every struggle for better and freer 
government, and which, in the case of the more adventurous and restless elements 
of our population, leads in many instances to active and personal participation 
in the contest-. The result is that this Government is constantly called upon to 
protect American citizens, to claim damages for injuries to persons and property, 
now estimated at many millions of dollars, and to ask explanations and apologies 
for the acts of Spanish officials, whose zeal for the repression of rebellion some- 
times blinds them to the immunities belonging to the unoffending citizens of a 
friendly power. It follows from the same causes that the United States is compelled 
to actively police a long line of seacoast against unlawful expeditions, the escape 
of which the utmost vigilance will not always suffice to prevent. 

These inevitable entanglements of the United Stales with the rebellion in Cuba, 
the large American property interests affected, and considerations of philanthropy 
and humanity in general have led to a vehement demand in various quarters for 
some sort of positive intervention on the part of the United States. It was at first 
proposed that belligerent rights should be accorded to the insurgents — a proposition 
no longer urged because untimely and in practical operation clearly perilous and 
injurious to our own interests. It has since been and is now sometimes contended 
that the independence of the insurgents should be recognized. But imperfect and 
restricted as the Spanish government of the island may be, no other exists there, 
unless the will of the military officer in temporary command of a particular district 
can be dignified as a species of government. It is now also suggested that the 
United States should buy the island, a suggestion possibly worthy of consideration 
if there were any evidence of a desire or willingness on the part of Spain to enter- 
tain such a proposal. It is urged, finally, that, all other methods failing, the exist- 
ing internecine strife in Cuba should be terminated by our intervention, even at 
the cost of a war between the United States and Spain — a war which its advocates 
confidently phophesy could be neither large in its proportions nor doubtful in its 
issue. 

The correctness of this forecast need be neither affirmed nor denied. The 
United States has nevertheless a character to maintain as a nation, which plainly 
dictates that right and not might should be the rule of its conduct. Further, 
though the United States is not a nation to which peace is a necessity, it is in truth 
the most pacific of powers and desires nothing so much as to live in amity with all 
the world. Its own ample and diversified domains satisfy all possible longings for 
territory, preclude all dreams of conquest, and prevent any casting of covetous 
eyes upon neighboring regions, however attractive. That our conduct toward 
Spain and her dominions has constituted no exception to this national disposition 
is made manifest by the course of our Government, not only thus far during the 
present insurrection, but during the ten years that followed the rising at Yara in 
186S. No other great power, it may safely be said, under circumstances of similar 
perplexity, would have manifested the same restraint and the same patient endur- 



SPANISH CORRESPONDENCE AND DOCUMENTS. I J 

ance. It may also be said that this persistent attitude of the United States toward 
Spain in connection with Cuba unquestionably evinces no slight respect and regard 
for Spain on the part of the American people. They in truth do not forget her con- 
nection with the discovery of the Western Hemisphere, nor do they underestimate 
the great qualities of the Spanish people, nor fail to fully recognize their splendid, 
patriotism and their chivalrous devotion to the national honor. 

They view with wonder and admiration the cheerful resolution with which vast 
bodies of men are sent across thousands of miles of ocean, and an enormous debt 
accumulated, that the costly possession of the Gem of the Antilles may still hold 
its place in the Spanish Crown. And yet neither the Government nor the people 
of the United States have shut their eyes to the course of events in Cuba, nor have 
failed to realize the existence of conceded grievances, which have led to the present 
revolt from the authority of Spain — grievances recognized by the Queen Regent 
and by the Cortes, voiced by the most patriotic and enlightened of Spanish states- 
men, without regard to party, and demonstrated by reforms proposed by the execu- 
tive and approved by the legislative branch of the Spanish Government. It is in 
the assumed temper and disposition of the Spanish Government to remedy these 
grievances, fortified by indications of influential public opinion in Spain, that this 
Government has hoped to discover the most promising and effective means of com- 
posing the present strife, with honor and advantage to Spain and with the achieve- 
ment of all the reasonable objects of the insurrection. 

It would seem that if Spain should offer to Cuba genuine autonomy — a measure 
of home rule which, while preserving the sovereignty of Spain, would satisfy all 
rational requirements of her Spanish subjects — there should be no just reason why 
the pacification of the island might not be effected on that basis. Such a result 
would appear to be in the true interest of all concerned. It would at once stop the 
conflict which is now consuming the resources of the island and making it worth- 
less for whichever party may ultimately prevail. It would keep intact the posses- 
sions of Spain without touching her honor, which will be consulted rather than 
impunged by the adequate redress of admitted grievances. It would put the pros- 
perity of the island and the fortunes of its inhabitants within their own control, 
without severing the natural and ancient ties which bind them to the mother coun- 
try, and would yet enable them to test their capacity for self-government under the 
most favorable conditions. It has been objected on the one side that Spain should 
not promise autonomy until her insurgent subjects lay down their arms; on the 
other side, that promised autonomy, however liberal, is insufficient because without 
assurance of the promise being fulfilled. 

But the reasonableness of a requirement by Spain of unconditional surrender 
on the part of the insurgent Cubans before their autonomy is conceded is not alto- 
gether apparent. It ignores important features of the situation — the stability two 
years' duration has given to the insurrection; the feasibility of its indefinite pro- 
longation in the nature of things, and as shown by past experience; the utter and 
imminent ruin of the island, unless the present strife is speedily composed; above 
all, the rank abuses which all parties in Spain, all branches of her Government, 
and all her leading public men concede to exist and profess a desire to remove. 
Facing such circumstances, to' withhold the proffer of needed reforms until the 
parties demanding them put themselves at mercy by throwing down their arms 
has the appearance of neglecting the gravest of perils and inviting suspicion as to 
the sincerity of any professed willingness to grant reforms. The objection, on 
behalf of the insurgents, that promised reforms can not be telied upon must of 
course be considered, though we have no right to assume, and no reason for 
assuming, that anything Spain undertakes to do for the relief of Cuba will not be 
done according to both the spirit and the letter of the undertaking. 
S D C 2 



1 8 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Nevertheless, realizing that suspicions and precautions on the part of the weaker 
of two combatants are always natural and not always unjustifiable— being sincerely 
desirous in the interest of both as well as on its own account that the Cuban problem 
should be solved with the least possible delay— it was intimated by this Govern- 
ment to the Government of Spain some months ago that if a satisfactory measure 
of home rule were tendered the Cuban insurgents and would be accepted by them 
upon a guaranty of its execution, the United States would endeavor to find a way 
not objectionable to Spain of furnishing such guaranty. While no definite response 
to this intimation has yet been received from the Spanish Government, it is believed 
to be not altogether unwelcome, while, as already suggested, no reason is perceived 
why it should not be approved by the insurgents. Neither party can fail to see the 
importance of early action and both must realize that to prolong the present state 
of things for even a short period will add enormously to the time and labor and 
expenditure necessary to bring about the industrial recuperation of the island. 
It is therefore fervently hoped on all grounds that earnest efforts for healing the 
breach between Spain and the insurgent Cubans, upon the lines above indicated, 
may be at once inaugurated and pushed to an immediate and successful issue. The 
friendly oflSces of the United States, either in the manner above outlined or in any 
other way consistent with our Constitution and laws, will always be at the disposal 
of either party. 

Whatever circumstances may arise, our policy and our interests would constrain 
us to object to the acquisition of the island or an interference with its control by 
any other power. 

It should be added that it can not be reasonably assumed that the hitherto 
expectant altitude of the United States will be definitely maintained. While we 
are anxious to accord all due respect to the sovereignty of Spain, we can not view 
the pending conflict in all its features, and properly apprehend our inevitably close 
relations to it and its possible results, without considering that by the course of 
events we may be drawn into such an unusual and unprecedented condition as will 
fix a limit to our patient waiting for Spain to end the contest, either alone and in 
her own way or with our friendly cooperation. 

When the inability of Spain to deal successfully with the insurrection has become 
manifest and it is demonstrated that her sovereignty is extinct in Cuba for all pur- 
poses of its rightful existence, and when a hopeless struggle for its reestablishment 
has degenerated into a strife which means nothing more than the useless sacrifice 
of human life and the utter destruction of the very subject-matter of the conflict, a 
situation will be presented in which our obligations to the sovereignty of Spain will 
be superseded by higher obligations, which we can hardly hesitate to recognize 
and discharge. Deferring the choice of ways and methods until the lime for action 
arrives, we should make them depend upon the precise conditions then existing; 
and they should not be determined upon without giving careful heed to every con- 
sideration involving our honor and interest or the international duty we owe to 
Spain. Until we face the contingencies suggested, or the situation is by other 
incidents imperatively changed, we should continue in the line of conduct hereto- 
fore pursued, thus in all circumstances exhibiting our obedience to the require- 
ments of public law and our regard for the duty enjoined upon us by the position 
we occupy in the family of nations. 

A contemplation of emergencies that may arise should plainly lead us to avoid 
their creation, either through a careless disregard of present duty or even an undue 
stimulation and ill-limed expression of feeling. But I have deemed it not amiss to 
remind the Congress that a time may arrive when a correct policy and care for our 
interests, as well as a regard for the interests of other nations and their citizens, 
joined by considerations of humanity and a desire to see a rich and fertile country, 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 9 

intimately related to us, saved from complete devastation, will constrain our Gov- 
ernment to such action as will subserve the interests thus involved and at the same 
time promise to Cuba and its inhabitants an opportunity to enjoy the blessings of 
peace. * * * 

No. 5. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, February 4^ /cPp/. 
Council presided over by Queen. Her Majesty has just signed 
decree authorizing urgent consultation with the Council of State 
relative to project for the amplification of reforms in Cuba and 
Porto Rico. The Gaceta day after to-morrov^' — Saturday — will pub- 
lish decree. Within a few hours I shall telegraph to your excel- 
lency a synopsis of all, and the whole of the most essential parts; 
meantime, do not credit press notices published there, which will 
surely be inaccurate, and if correct in any particular it would be 
only by intuition or accident. When you receive the telegram to 
which I refer, you may make use of it, confidentially, by informing 
the Secretary of State and preparing a statement, but before mak- 
ing public the whole text await telegram on Saturday' morning 
announcing its publication in the Gaceta. 

Tetu.\n. 



No. 6. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Translation.] 

Madrid, February ^^ J'^97- 
The lengthy preamble begins by recording the political history 
of the insurrection, showing that it had from its commencement a 
secessionist character, having a false idea that the weakness of 
Spain would prevent subduing it, and distrusting the achievement 
of administrative autonomy by peaceful means. The preamble 
asserts that the war, with all its disasters, has been rich in severe 
lessons, showing that in the end peaceful and constant progress is 
preferable to violent triumphs by whomsoever obtained. 

It states in several different paragraphs that, although Spain has 
had to defer the application of ample administrative regime, she has 
never abandoned the purpose of establishing reforms voted by the 
Cortes, nor has she failed to understand the necessity of enlarging 
them in a manner satisfactorv both to the Peninsulars and Cubans, 



20 SPANISH CORRESPONDENCE AND DOCUMENTS. 

giving to the island an administrative and economic personality of a 
local character, which may hasten the complete intervention of the 
country in its own affairs, while maintaining intact the rights of 
sovereignty and the indispensable conditions for its maintenance, 
thus satisfying the real need that Cuba feels of experimenting what 
the English call "self-government" (which in Spanish is termed 
descentralizacion amplia), which will give to the country in large part 
the admistration of its own affairs, so that it may take upon itself 
responsibility for its acts. 

Expressing the foregoing sentiments, it recalls the promises in 
the speech of the Throne and in that of the President of the Council 
in the Congress; and at the same time it assures loyal fulfillment 
on the part of all the departments (of Spain), guaranteeing the 
sincerity of the present Government by citing the antecedents of its 
President, who was the first to adopt measures for the suppression 
of the slave trade and who, thirty years ago, convoked in Madrid an 
assembly of delegates of the Antilles to modify in those islands the 
administrative and labor regime. He introduced in Cuba, after the 
capitulation of Zanjon, the exercise of political rights and power- 
fully aided the voting by the Cortes of the reforms of March, 1895. 

The preamble continues that with the present decree Spain will 
have completed what it is incumbent upon her to do to hasten the 
termination of the misfortunes of Cuba. The material application 
depends upon the insurgents, who, convinced of the futility of the 
struggle and grieved over the desolation and ruin of their native 
soil, should lay down their arms, thus making it possible for the 
mother country — Spain — to show her inexhaustible generosity, dis- 
posed as she always is to open her arms to them. 

It further says that should the insurgents fail to duly appreciate 
these concessions to Cuba the present Government will not cease to 
maintain the war in defense of the sovereignty of Spain with the 
same energy as heretofore. 

It explains, justifies, and assumes responsibility (in view of the 
extraordinary character of existing circumstances) for the Executive 
appropriating the powers appertaining to the legislative, and 
announces that it will ask the Cortes for a bill of indemnity. It 
enumerates the only points reserved for the examination and 
determination of Parliament, which are, the determination of the 
obligatory imperial expenses, the judicial organization, and the 
electoral reforms. 

The preamble concludes with the following paragraph: 

The Government has not sufficient means of determining whether the time 
before the application of present reforms in Cuba and Porto Rico will be long or 
short, although all the news is satisfactory and the forecast of approaching peace 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2 1 

is general. But whatever the conditions the Government understands it must be 
prepared to apply the reforms without the slightest delay when the opportunity 
shall arrive, and for that the advice of the Council of State will be urgently sought, 
although the Government will not apply the decree until the indispensable condi- 
tions for it are fulfilled. But it is to be hoped that, all having knowledge of Spain's 
purpose, conditions will be attained favorable for the peace that Spain desires and 
will never cease to desire and that the civilized world hopes for, and that the Span- 
ish Government has always tried and will continue to try to procure by all means 
in its power. 

Following the preamble is the decree authorizing consideration by 
the Council of projected reforms, which is in substance as follows: 

Article i. The law of March 15, 1895, establishing reforms for government 
administration in Cuba will be amplified on the following rules, to be developed 
by by-laws: 

Rule I. — The provincial municipalities and assemblies of the island shall enjoy 
all the liberty of action compatible with obedience to the laws and respect for 
private rights. 

The assemblies shall themselves elect their presidents. 

In each assembly there shall be a provincial com.mission chosen by the deputies, 
who, every six months, elect the assembly. This commission shall elect its 
president. 

The mayors and deputy mayors will be elected by the municipality from among 
its members. The mayors shall exercise, without limitation, the active functions 
of the municipal administration, such as executing the decisions of the municipali- 
ties. The provincial assemblies shall have the right to suspend the decisions of 
the municipalities when they exceed the limit of the municipal rights, making a 
report to the civil governor. In case it is not approved the matter shall be appealed 
to the highest court, beyond which there shall be no recourse. 

In order to meet municipal obligations the provincial assemblies shall have all 
proper powers over the tributary system, under which comes the general and local 
system of taxation on the island. 

The provincial resources shall be independent from the municipal. 

The creation of establishments of public instruction in the Provinces shall 
belong to the respective assemblies and, in towns, to the municipalities. 

The Governor-General and the civil governors shall alone have the necessary 
intervention in these matters to assure the observance of the general laws and the 
compatibility of the provincial and municipal resources with the estimated expenses 
of those undertakings. 

Rule 2. — The council of administration shall be composed of thirty-five coun- 
cilors. Twenty-one shall be elected under the same conditions and census that 
elects the assemblies and municipalities, according to article 3 of the law of March 
15, 1S95. Nine shall be as follows: 

The president of the University of Habana. 

The president of the Chamber of Commerce of Habana. 

The president of the Economical Society of the Friends of the City of Habana. 

The president of the Planters' Association. 

The president of the Tobacco Manufacturers' Union. 

One member from the chapters of the Cathedral of Habana and Santiago de 
Cuba. 

One member representing all the trades associations of Habana. 

Two among the largest taxpayers of the Province of Habana. 



22 SPANISH CORRESPONDENCE AND DOCUMENTS. 

The five remaining councilors shall be delegates to the Cortes or senators who 
have been elected in the greatest number of general elections. 

The Governor-General shall be the honorary president of the council, and the 
actual president will be the one of the councilors whom the Governor-General may 
designate. The duties of councilor are incompatible with those of senator or 
deputy to the Cortes. Councilors shall be elected who have the same qualifications 
as deputies of the Cortes and have resided in the island two years. The appoint- 
ment and designation of the official personnel of the council shall appertain only 
and exclusively to said council. The council shall elect every six months execu- 
tive and other committees. Each committee shall be composed of five members. 

Rtile J. — The Cortes shall determine the expenses of sovereignty and shall fix 
the amount of the budget to cover them. The council of administration will 
accord, each year, the taxes and revenues necessary to meet the expenses approved 
by the Cortes. If by the ist of July each year the council shall not have ap- 
proved and voted the taxes and revenues necessary to meet the budget approved 
by the Cortes, the Governor-General shall decree them in consultation with the 
intendente de hacienda (treasury). The council of administration shall frame and 
approve the local budget and resources to meet expenses declared to be necessary. 
The local receipts shall consist — besides what has already been authorized — in such 
taxes and revenues as the council of administration may agree upon not incom- 
patible with the existing receipts pertaining to the state budget. The establishment 
of new educational institutions to qualify for a government career, excepting for 
those of the army and navy, shall belong to the council of administration. 

Rule 4. — The powers of the council of administration as regards tariff matters 
shall be as "follows: 

1. To fix, after conference with the intendente, rules for the administration of 
tariff revenues. 

2. To fix, in consultation with the intendente, what may be most convenient 
regarding taxes on exports. 

3. To fix or modify the fiscal customs duties to be collected on importations in 
the island. 

4. It may make any previous report upon, and may also make recommenda- 
tions concerning, alterations for the general or supplemental disposition, the classi- 
fication, or the schedule of duties. 

These rights shall have the following limitations: 

1. National products imported directly into Cuba shall enjoy the reasonable and 
indispensable protection which is placed on differential duties which are levied in a 
minimum character equally on all foreign products. 

2. Revenue taxes established by the council of administration shall not be dif- 
ferential, but shall be levied alike on all products, national as well as others. 

3. Duties imposed on exports shall not be differential, but shall be levied equally. 
There shall be an exception, however, in favor of products destined directly to 
Spain for home consumption; and 

4. Any prohibition upon the exportation of products shall cover products destined 
directly for home consumption in Spain. 

The customs tariff will have the following form : It will consist of two columns — 
one for fiscal revenues on all importations, including national; the other for differ- 
ential duties imposed equally on foreign products, where there will be an indis- 
pensable protection for the national industry. The Cortes will establish the 
maximum of this protection. 

The Government will fix, for the first time, the articles of the tariff which will 
make up the differential columns. These taxes shall not exceed 20 per cent the 
value of the articles. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 23 

The Government will decree a revision of the official valuation, after hearing 
any opposing reports. 

The immediate realization of all the conditions established in these rules not 
being possible, the Minister of the Colonies, in accordance with the laws of June 
28, 1895, will publish a provisional tariff on these lines, in order to avoid delay in 
the reform of the tariff law in Cuba. Treaties or commercial conventions affecting 
tariffs in Cuba shall be special. They shall not contain the most-favored-nation 
clause or its equivalent. 

The council of administration shall be consulted as to the advisability of special 
concessions, which in principle the Government plans, and this shall be done before 
the final drafting for the approval of the Cortes. 

Rule J. — Refers to the power of the Governor-General to appoint and place em- 
ployees in the offices of the Governor-General, of civil administration, and of the 
civil governors. 

Jiuh- 6. — Refers to the department of the Governor-General; to the powers of the 
intendente de hacienda (treasury), controller, and director of local administration 
to appoint employees in their offices, and also those of the postal and telegraph 
service. 

Jiule 7. — Limits the appointment of government employees by the Governor- 
General to natives of the island or to those who have resided there two years. 
Their qualifications and legal fitness must be submitted to an examination by the 
council of administration. The only exceptions from this rule are the departments 
of the -Governor-General, intendente, controller, director of administration, and 
civil governors. The Governor-General will be authorized to appoint delegates 
in the municipalities, who may exercise executive functions, but in no case shall 
those delegates be authorized to interfere in the functions of the mayors of the 
municipalities. 

Rule 8. — Refers to the members of the judiciary, who shall, in future, be 
appointed from natives of the island or those who have resided there two years. 
The municipal judges (justices of the peace) shall be appointed by the mem- 
bers of the municipal council and by electors chosen by the people (electores 
com prom isarios). 

Rule g. — The council of administration shall respect the present pending con- 
tracts, but on their termination may renew or reject them. The council shall also 
have the right to apply the treasury law of the Peninsula, entering into an agree- 
ment with the Spanish Bank of Cuba. 

Rule 10. — A special decree, which would be submitted to the Cortes, shall con- 
tain appropriate provisions for the maintenance of public order and suppression of 
separatist movements. 

Art. 2. The Government will embody in a single decree the foregoing regula- 
tions, together with .those of the law of May 15, 1895, making the text of the two 
harmonious and developing both in a by-law, and not altering their strict sense. 

Art. 3. States that the foregoing rules shall be applied also to Porto Rico. 

Art. 4. The date for the application to Cuba of the rules voted by the Cortes 
and the present decree to Cuba and Porto Rico will be fixed by the Government as 
soon as the state of war in Cuba will permit it. 

The entire text is not cabled to your excellency, but only so much 
as is necessary for you to form an exact opinion upon it and to enable 
you to rectify any incorrect statements that may have been trans- 
mitted. If you desire further information upon any point, you may 



24 SPANISH CORRESPONDExMCE AND DOCUMENTS. 

request it. I shall send you by mail six copies of the Gaceta. 
Acknowledge receipt, by cable, of this telegram, stating the hour it^ 

reaches you. 

Tetuan. 



No. 7. 

The Minister Plenipotentiary of His Majesty in WasJiington to the 
Minister of State. 

[Telegram.— Translation.] 

Washington, February 13, iSgj. 

The opinion of the Secretary of State — which is also that of the 
President of the Republic— concerning the reforms is that they are 
as extensive as could be asked and more than they expected. This 
is also the opinion of most of the principal politicians who have not 
been openly unfriendly to us — including many of those who have 
great influence in the new Administration, and Mr. McKinley him- 
self. The press, which began to attack them without knowing them, 
has lately been silent in the matter. 

The Cuban question is to-day dead in Congress and before the 
public, and to this is to be attributed the little excitement the matter 
is creating here. I should not conceal that I note a certain tendency 
to inaction on the part of the Secretary of State during the little 
time that remains to him in the discharge of his office. My opinion 
is that in measure, as the reforms become better known and under- 
stood, their effect will be increasingly appreciated, thus settling the 
matter finally and preventing any fear of interference on the part of 
the new Administration, at least for some time. Public opinion is 
slow in forming, because it does not understand institutions very 
different from its own. 

If I might venture to do so, I would congratulate the President 
of the Council upon the wisdom and patriotism with which he has 
determined this vital question. 

DUPUY. 



No. 8. 

Tlic Minister r/enipotetitiary of His Majesty in Washington to the 
Minister of State. 

[Translation.] 

Washington, June 28, iSgy. 
Excellency: I have the honor to transmit to your excellency a 
literal copy and translation of the note which, under date of the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 25 

26th instant, the Secretary of State of the United States has addressed 
to me, which I received this morning as I have advised you by cable 
of this date. 

As I have also advised you by cable, I shall refrain from replying 
to the said note until I receive proper instructions from your excel- 
lency, likewise abstaining from making any comment concerning the 
contents of the document. 

Dios, etc., Enrique Dupuy de Lome. 



[Inclosure.] 

Mr. S/ierviau to Mr. Dupuy de Lome. 

No. 269.] Dep.\rtment of State, 

Washington, June 26, i8gj. 

Sir; Referring to the conversation which the Assistant Secretary, Mr. Day, had 
the honor to have with you on the 8th instant, it now becomes my duty, obeying 
the direction of the President, to invite, through your representation, the urgent 
attention of the Government of Spain to the manner of conducting operations in 
the neighboring island of Cuba. 

By successive orders and proclamations of the Captain-General of the island of 
Cuba, some of which have been promulgated while others are known only by their 
effects, a policy of devastation and interference with the most elementary rights of 
human existence has been established in that territory tending to inflict suffering 
on innocent noncombatants, to destroy the value of legitimate investments, and to 
extinguish the natural resources of the country in the apparent hope of crippling 
the insurgents and restoring Spanish rule in the island. 

No incident has so deeply affected the sensibilities of the American people or so 
painfully impressed their Government as the proclamations of General Weyler,' 
ordering the burning or unroofing of dwellings, the destruction of growing crops, 
the suspension of tillage, the devastation of fields, and the remqval of the rural 
population from their homes to suffer privation and disease in the overcrowded and 
ill-supplied garrison towns. The latter aspect of this campaign of devastation has 
especially attracted the attention of this Government, inasmuch as several hun- 
dreds of American citizens among the thousands of concentrados of the central and 
eastern Provinces of Cuba were ascertained to be destitute of the necessaries of life 
to a degree demanding immediate relief, through the agencies of the United States, 
to save them from death by sheer starvation and from the ravages of pestilence. 

From all parts of the productive zones of the island, where the enterprise and 
capital of Americans have established mills and farms, worked in large part by 
citizens of the United States, comes the same story of interference with the opera- 
tions of tillage and manufacture, due to the systematic enforcement of a policy 
aptly described in General Weyler's bando of May 27 last as "the concentration of 
The inhabitants of the rural country and the destruction of resources in all places 
where the instructions given are not carried into effect." Meanwhile, the burden 
of contribution remains, arrears of taxation necessarily keep pace with the depriva- 
tion of the means of paying taxes, to say nothing of the destruction of the ordinary 
means of livelihood, and the relief held out by another bando of the same date is 
illusory, for the resumption of industrial pursuits in limited areas is made condi- 
tional upon the payment of all arrears of taxation and the maintenance of a pro- 
tecting garrison. Such relief can not obviously reach the numerous class of 



26 SPANISH CORRESPONDENCE AND DOCUMENTS. 

concentrados, the women and children deported from their ruined. homes and deso- 
lated farms to the garrison towns. For the larger industrial ventures, capital may 
find its remedy, sooner or later, at the bar of international justice, but for the labor 
dependent upon the slow rehabilitation of capital there appears to be intended only 
the doom of privation and distress. 

Against these phases of the conflict, against this deliberate infliction of suffering 
on innocent noncombatants, against such resort to instrumentalities condemned by 
the voice of humane civilization, against the cruel employment of fire and famine 
to accomplish by uncertain indirection what the military arm seems powerless to 
directly accomplish, the President is constrained to protest, in the name of the 
American people and in the name of common humanity. The inclusion of a 
thousand or more of our own citizens among the victims of this policy, the wanton 
destruction of the legitimate investments of Americans to the amount of millions 
of dollars, and the stoppage of avenues of normal trade — all these give the Presi- 
dent the right of specific remonstrance; but in the just fulfillment of his duty he 
can not limit himself to these formal grounds of complaint. He is bound by the 
higher obligations of his representative oflSce to protest against the uncivilized and 
inhumane conduct of the campaign in the island of Cuba. He conceives that he 
has a right to demand that a war, conducted almost within sight of our shores and 
grievously affecting American citizens and their interests throughout the length 
and breadth of the land, shall at least be conducted according to the military codes 
of civilization. 

It is the President's hope that this earnest representation will be received in the 
same kindly spirit in which it is intended. The history of the recent thirteen years 
of warfare in Cuba, divided between the two protracted periods of strife, has shown 
the desire of the United States that the contest be conducted and ended in ways 
alike honorable to both parties and promising a stable settlement. If the friendly 
attitude of this Government is to bear fruit it can only be when supplemented by 
Spain's own conduct of the war in a manner responsive to the precepts of ordinary 
humanity and calculated to invite as well the expectant forbearance of this Govern- 
ment as the confidence of the Cuban people in the beneficence of Spanish control. 
Accept, etc., 

John Sherman. 



No. 9. 

The Minister Plenipotentiary of His Majesty in Washington to the 
Minister of State. 

[Translation.] 

Washington, July 2, iSgy. 

Excellency: Referring to my dispatch No. 155, of the 28th of 
June last, with which I transmitted to your excellency a literal copy 
and translation of the note which, under date of the 26th of the 
same month, the Secretary of State addressed to me, I have the 
honor to forward to your excellency copy of the note which I sent 
yesterday to the aforesaid Secretary acknowledging receipt of his. 

In writing it I have reaffirmed the views which on different occa- 
sions I have expressed to the Assistant Secretary, Mr. Day, stating 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2'] 

them in conformity with the telegraphic instructions from your 
excellency in terms which I have believed the most appropriate and 
which I hope will merit your excellency's high approval. 
Dios, etc., 

Enrique Dupuy dk Lome. 



[Inclosure. — Translation.] 

Legation of Spain at Washington, 

Washington, June JO, iSgj. 

Mr. Secretary: I had the honor, on Monday morning, to receive the note which 
your excellency was pleased to address to me under date of the 26th instant. 

Availing myself of the first mail, I transmitted said note to His Majesty's Gov- 
ernment, in order that, having full knowledge thereof, it might duly consider it and 
answer it in a suitable manner. 

As your excellency refers, in the opening portion of your note, to the conference 
which I had the honor to have, on the 8th instant, with Assistant Secretary Day, 
allow me, on my own responsibility, and without anticipating the views of His 
Majesty's Government, to repeat what I had the honor to say on that occasion, and 
what I have said on others, and to protest against the partiality and exaggeration 
of the information which is sent to the United States Government, and which is 
doubtless the cause of the attitude that it has now assumed. 

In the first place, allow me to say that the evils of every war, and the horrors 
that accompany it, which are always exaggerated by pa=sion until they have been 
carefully sifted by the historian, are unfortunately much more exaggerated in the 
case of a civil war, as is shown by that which devastated this Republic for four 
years, and in which so many charges were made by the contending parties against 
each other, and so many were made against both by prejudiced foreigners. Allow 
me further to say that the sufferings and hardships of the noncombatants have 
been mainly due to the system and the policy pursued by the insurgents when they 
invaded the central and western Provinces. They then burned crops, destroyed 
dwellings, and set fire to the towns which they found without garrisons, and com- 
pelled all loyal persons, or those who did not sympathize with them and aid them, 
to seek refuge in the forts which surrounded the cities. 

A calm and impartial examination of the situation would, beyond a doubt, show 
that an immense majority of the so-called reconcentrados who are suffering the 
consequences of the abandonment of their homes and the destruction of their means 
of existence took refuge in the towns long before the general in chief issued, as an 
indispensable military measure of defense, the order which has been so severely 
criticised in the United States, the method of execution of which order, and the 
consequences to which it gives rise, being little different from the hardships attend- 
ing a blockade or siege of a city, these being measures to which nations, however 
humane and civilized they may be, have recourse whenever they are afflicted by 
a war. 

These hardships, however, although they are much to be regretted, have been 
greatly exaggerated for a purpose which it is easy to understand. 

Your excellency will doubtless remember all that has been said concerning the 
sufferings of American citizens, the large number of them that were said to be 
living in Cuba, and the privations which they were said to be suffering, and yet 
when the question was examined in a practical way and the supplies voted by 
Congress were distributed, in spite of the fact that they were not given alone to 



28 SPANISH CORRESPONDENCE AND DOCUMENTS. 

those who could be considered as wholly without means, General Lee, consul- 
general at Habana, stated that not more than f lo.ooo were needed to aid destitute 
American citizens, both native and naturalized. 

The hardships which are said to be suffered by peninsular and insular Spaniards 
who, fleeing from the insurgent bands or obeying the decrees of the Government, 
have taken refuge in fortified towns are quite as much exaggerated as those which 
American citizens in Cuba are said to be suffering. 

The authorities of the island of Cuba took measures, from the first moment, to 
protect the reconcentrados. If the latter had worked energetically to better their 
condition they would not have suffered the privations which many are suffering. 
In view of their apathy, other measures were not long since adopted, among them 
the construction of public works on a large scale — railways and wagon roads — in 
order to give work to a large number of persons, and to form committees of all 
elements of society for the purpose of organizing aid and inciting the needy to 
work. 

The evils which we all deplore will not, however, disappear until the advent of 
that peace which is so earnestly desired by Spain, and which His Majesty's Gov- 
ernment is doing so much to secure. 

Not to mention the military measures and the political action represented by 
the ample reforms which have been promulgated, His Majesty's Government gen- 
erously offers and grants pardon and oblivion to all who return to their homes 
from the insurgent camps. Insurgents are surrendering every day, and they are 
all pardoned; a few days ago the Government decreed the return to their homes of 
more than 130 persons who had been deported for being implicated in the insurrec- 
tion, and it is only waiting for circumstances to permit it to amplify its amnesties 
and pardons. 

If the American people, to whose philanthropic sentiments reference is made in 
your excellency's note of June 26, understood, from a dispassionate examination 
of this question, that the insurrection lives for evil only, and, instead of encourag- 
ing it by holding out the fallacious hope of assistance, which is the basis of all its 
trust, would counsel peace; if, instead of aiding and abetting the violations of law 
which are constantly committed by the Cuban emigrants organized here for the 
purpose of making war upon a nation friendly to the United States, they would aid 
the Federal Government in its efforts to prevent the departure of filibustering expe- 
ditions, which render this long and desolating war possible, all the evils would very 
soon cease which are deplored by His Majesty's Government and by all Spaniards, 
as well as by the President and people of the United States.' 
I avail, etc., 

„ E. DuPLTY DE Lome. 

Honorable John Sherman, 

Secretary of State of the United States, 

Etc., Etc., Etc. 



No. 10. 
The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Translation.] 

San Sebastian, August 4, i^py. 
Excellency: With your excellency's dispatch No. 155, of the 
28th of June last, I received copy and translation of the note which 



SPANISH CORRESPONDENXE AND DOCUMENTS. 29 

under date of the 26th of the aforesaid month, the Secretary of State 
addressed to you, setting forth general considerations touching the 
way in which, from his point of view, the war in Cuba is conducted. 

The Government of His Majesty has taken careful note of the 
contents of the aforesaid document and, although it does not doubt 
the friendly feelings nor the thoroughly humanitarian spirit by which 
it is animated, according to the express declarations of the note 
itself and still more by several subsequent notes, it is surprised that 
the warmth of the style does not always correspond with such inten- 
tions. This must be caused by incorrect reports received by the 
Washington Cabinet, which reports have been received as true in an 
atmosphere affected by sentiments opposed to the lawful sovereignty 
of Spain in Cuba and aggravated by the exaggeration of sufferings 
and evils unhappily inherent in every state of war, and still more so 
in the case of civil or insurrectional struggles, which always assume 
a character of passion and genuine fanaticism. 

The views of the North American Government have, however, 
not been an utter surprise to His Majesty's Government, as, even in 
the Peninsula itself, some of its political adversaries have allowed 
themselves to be misled in their opinions by similar errors. But 
the exaggeration in some cases and the evident incorrectness in 
others, which have served as a ground, in this case, for censuring 
the Madrid Cabinet and its authorities in Cuba, are plainly shown 
the moment we examine what has occurred with regard to the suffer- 
ings which the system of concentration of the rural population is 
claimed to have caused the North American citizens. The Secre- 
tary of State supposes, in his note, that among the thousands of 
Spanish reconcentrados who have been compelled to transfer their 
abode from the country to the towns and fortified inclosures there 
are hundreds of North Americans who, owing to the want of the 
means of subsistence, have had to be assisted by their Government; 
and yet its own official experience could have shown it the great 
mistake in the reports relative to this point, since, when the time 
arrived for the distribution of the sums voted by the Federal Parlia- 
ment at the request of the President of the Republic, its consuls 
found hardly any North American citizens actually in need, to such 
an extent that at the time that the Secretary of State addressed 
you the note of June 26 they had only succeeded in using among 
them $6,000 of the $50,000 appropriated for that benevolent object, 
including the amount appropriated for bringing them home. The 
very men who reported the evil were, therefore, those who were 
called upon to correct the mistake, since, upon investigating the evil 
closely, they were finally compelled to admit, in obedience to the 
irresistible force of facts, that there had been much more imagination 



30 SPANISH CORRESPONDENCE AND DOCUMENTS. 

than reality in the reports. The case of the said concentrated 
North Americans applies perfectly to the other suppositions in Mr. 
Sherman's note to which I am replying, and if it were possible to 
make an official verification of the whole of it, like that which was 
made in the case of the apportionment of the assistance, the injustice 
of the charges which are made would be rendered equally evident. 

It can not be denied, it is true, that interests are injured, suffer- 
ings caused, and the normal conditions of labor and property changed 
by General Weyler's proclamations, as they would be by all others 
issued in similar cases by generals in the field, but this is owing to 
the imperative duties arising from circumstances; and they are like- 
wise animated by a truly humane purpose — that of putting as speedy 
an end as possible to the struggle by securing the complete sub- 
mission of the insurgents, and, as its consequence, the reestablish- 
ment of the law wrongfully disturbed by them. The object of some 
of these proclamations is to deprive the rebels of the means which 
they employ in the prosecution of their plans; others are intended 
to protect the inhabitants of the country who are loyal to Spain 
from the outrages, misery, and robberies to which they are subjected 
by the rebels, by the express orders of their commanders; and both 
objects are equally lawful and necessary, although in their applica- 
tion they may, as has been said, injure certain private interests, as 
these must everywhere and always be subordinated to the superior 
claims of the community and the State. 

All civilized countries which, like Spain at present, have found 
themselves under the harsh necessity of resorting to arms to crush 
rebellions, not always so evidently unjustifiable as that of Cuba, 
proceed and have proceeded in the same manner. In the United 
States itself, during the war of secession, recourse was had to con- 
centrations of peaceable inhabitants, to seizures and confiscation of 
property, to the prohibition of commerce, to the destruction of all 
agricultural and industrial property, particularly of cotton and 
tobacco, without the safeguard of their foreign flags, in the case of 
the important factories of Roswell, for instance, sufficing to save 
them; to the burning of entire cities; to the ruin and devastation 
of immense and most fertile regions— in short, to the destruction of 
all the property of the adversary, to the abolition of constitutional 
rights by the total suspension of the writ of habeas corpus, and to 
the development of a military and dictatorial system which, in the 
States opposed to the Union, lasted many years after the termina- 
tion of the bloody contest. 

There are found at every step, not only in the most reliable his- 
torians, including North American patriots— the staunch champions 
of the Union— but also in the official documents published in Wash- 



SPANISH CORRESPONDENCE AND DOCUMENTS. 3 1 

ington and in the reports and memoirs published by the illustrious 
generals who conquered, orders, measures of severity, and acts of 
destruction not only similar to, but even more severe than, those 
which General Weyler has found himself forced to issue in Cuba. 

Hunter's and Sheridan's invasion of the valley of the Shenandoah, 
of which it was said, to show its total ruin, that "if a crow wants to 
fly down the valley he must carry his provisions with him" (Draper, 
Vol. Ill, p. 408) ; the expedition of General Sherman, that illustrious 
and respected general, through Georgia and South Carolina; the 
taking of Atlanta and the subsequent expulsion of noncombatants — 
women and children — and their concentration at remote distances; 
the shootings at Palmyra; the burning of Columbia; the horrors 
connected with the treatment of the prisoners and peaceable sus- 
pects who were confined together in the warehouses and prisons 
at Richmond and Danville, and, more particularly, in the prisons at 
Andersonville, where, according to official data, more than 12,000 
perished; and many other incidents of that horrible struggle, that 
genuine contest of Titans which put the wisdom and vigor of the 
North American people to so severe a test, furnish an eloquent, 
though mournful, example of the distressing but unavoidable sever- 
ity which accompanies war, even when it is carried on by armies 
educated in a Republic and directed, from the summit of the civil 
power and the military command, by personalities so famous, so 
honored, and so devoted to duty and human liberty as Lincoln and 
Grant. 

The invincible General Sherman explained on various occasions 
the supreme justice of these acts, and in perusing his memoirs and 
the official reports which he addressed to the directing council of 
war at Washington are found remarkable statements as to the 
severity with which it is necessary to proceed against the enemy to 
make the operations of the military forces efficient and successful. 
"War is war," said this able General, "and the tremendous re- 
sponsibility for civil wars rests upon their authors and upon those 
who are their direct or indirect instruments." And when replying 
to the city council of Atlanta this wise leader also said: 

You can not condemn war with more horror than I; war is cruelty personified, 
* * * but I shall not recoil from any sacrifice until I have brought it to an 
end. * * * The Union must maintain its authority to the extent of its ability. 
If it yields it is lost, and that is not the will of the nation. Recognize the Union 
and the authority of the National Government, and then this army which is 
now devastating your fields, houses, and roads for military purposes will be your 
protector. 

Lofty and patriotic views, which His Majesty's Government does 
not hesitate to appropriate and to apply to Cuba. 



2,2 SPANISH CORRESPONDENCE AND DOCUMENTS. 

It may well be — and His Majesty's Government hastens to admit 
it — that, in spite of the reliability of the sources from which the 
foregoing statements relative to the war of secession have been 
drawn, there may be some exaggeration in them, too; but in that 
case that very fact would prove the danger of forming a settled 
opinion as to matters equally important without seeking to inform 
ourselves of the facts, and trusting merely to the reports of others, 
however truthful they may appear. 

(^Ve can well understand, however, that the sad spectacle now 
presented by the Great Antilla should excite the compassion of the 
North American people, because war is, always has been, and al- 
ways will be, from its very nature, a fearful calamity, capable of 
arousing the pity of all who call themselves lovers of humanity; 
but it would be the grossest injustice, injustice of which the noble 
people and Government of the United States can not be guilty, to 
lay the blame on Spain, who is confining herself to the exercise of 
her rights, which is, at the same time, an imperative and sacred 
duty — that of combating the insurrection, the sole cause of the 
calamities to which the island is subjected. Nor can the devasta- 
tion of its landed wealth, unless we close our eyes to the evidence, 
be attributed to the Spanish authorities as their own peculiar sys- 
tem ; it was the insurgents that, in obedience to the instructions of 
their principal leader, Maximo Gomez, began by burning sugar- 
cane plantations and destroying the cane mills, making extensive 
use of dynamite for this purpose and for the destruction of the 
railroads, and boasting that they would carry desolation and ruin 
everywhere!] They were the ones, also, who reduced these cruel 
practices to a system, and destroyed even the cattle, the basis of 
subsistence, if they found more than they needed at the time — 
all this in the vain hope of inducing Spain to abandon the island 
upon seeing it in ashes and incapable of furnishing her with sup- 
plies of any kind, as if right and honor were of no importance in 
the eyes of civilized nations. In a circular of Maximo Gomez, 
dated Sancti-Spiritus, November 6, 1895, it was ordered that the 
sugar mills should be entirely destroyed, their sugar cane and the 
outbuildings burned, and their railroads torn up ; that any laborer 
lending the assistance of his arms to the sugar mills should be con- 
sidered a traitor; and that the penalty of death should be inflicted 
upon all who failed to execute these atrocities. Not less than 120 
mills (bateyes) suffered the terrible consequences of this atrocious 
order. If we add to this the blowing up of bridges and trains, the 
systematic dispersion of their bands, without ever fighting for victory 
and honor, and, above all, the use of explosive projectiles, which 
civilization and international conventions repudiate, the inhuman 
procedure of the rebels will be fully shown. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2)3 

Moreover, we must bear in mind that this system of the total 
destruction of Cuban property has always been advocated by the 
filibustering junta at New York, composed, in great part, of natural- 
ized North Americans, and that this very junta has issued the most 
cruel orders; so that, by a most amazing coincidence, the authors 
of the admittedly abominable devastation which, according to the 
Secretary of State, has so greatly aroused the sympathies of the 
North American people are citizens of the Union and organizations 
working without hindrance in its bosom. Even the atrocious 
proclamation of Maximo Gomez was mainly, in order that it might 
come to the knowledge of all who could carry it into effect, pro- 
mulgated without violation of the North American territory. If 
the lawfully established authorities, emanating from a sovereignty 
which has never been disputed by any nation on the earth, have 
occasionally inflicted severe punishment upon the rebels, let it be 
remembered that they were guilty under the law; and even in spite 
of this they have now for a long time been treated as if they were 
prisoners captured in a lawful war, except where they have been 
proved guilty of atrocious civil crimes, particularly that of burn- 
ing private property. At all events, in view of the enormous havoc 
caused by the rebel forces, who are chiefly occupied in making 
bonfires of the Cuban plantations, the chief source of Cuba's former 
immense production and exportation, the material injury that may 
have been caused by the execution of General Weyler's proclama- 
tions amounts to very little. A comparison of the damage done by 
both parties would show the great excess of that caused by the 
rebels, even without taking into consideration the fact that that 
which resulted from the proclamations was the consequence of 
necessary precautionary measures due to the importance, both for 
foreign and domestic interests, of putting a speedy end to the 
struggle and of preventing the inhabitants of the country from 
being compelled, against their will, to serve as instruments of 
rebellion. Perhaps, in the first moments of the concentration, there 
may have been unintentional neglect on the part of the authorities 
and the commanders of columns, which rendered the situation of 
those concentrated worse than was actually necessary; but that is 
all a thing of the past. The situation has since been gradually 
improving— so much so that complaints on the part of those injured 
have almost entirely ceased. The peaceable inhabitants themselves 
admit that, in the meantime, the behavior of the Spanish soldiers 
toward them has been as humane as possible, as they greatly 
lessened the unavoidable discomforts and sufferings of the concen- 
tration by sharing with them their own food and shelter. Sublime 
traits of this character might be cited and proved on the part of the 
s D c 3 



34 SPANISH CORRESPONDENCE AND DOCUMENTS. 

common soldiers, who are always ready to lend their aid to persons 
who present themselves of their own accord, who come in great 
numbers, and to the persons who have been concentrated, when in 
want of the necessary food, cadaverous and almost naked, owing to 
the horrible life of privation which they had been living among the 
rebels. Actions of this character and of public notoriety can not 
be ignored because cases of exceptional severity have occasionally 
(occurred between the numerous irregular troops who follow our 
flag, composed of natives of the country and of Spaniards who have 
been settled there for many years, and the rebels, as the war has on 
their part a more intestine and civil character, and the passions are, 
consequently, more aroused on both sides. As the rebellion is 
gradually subdued, as is certainly the case, the Spanish authorities 
are considerably diminishing the cruel nature of the war, which is 
every day becoming less bloody. 

In short, there is no real foundation for the charges of deliberate 
inhumanity and excessive cruelty which are made against our army, 
and which His Majesty's Government is forced to repel as gratuitous 
and undeserved; and it asserts roundly that nothing more has been 
done or is done in Cuba than to make application, much to its regret, 
with the severity required by circumstances, of the harsh laws of 
war, in the same way or perhaps with more leniency than has been 
observed in their application by the most civilized countries of 
Europe and America, not excepting the United States. 

In the meantime, far from attempting to impose itself upon 
Cuba by the exclusive force of arms and from maintaining a system- 
atic attitude of uncompromising stiffness. His Majesty's Govern- 
ment has hastened, in the midst of the fratricidal struggle, to amend 
the legislation of the island in the most decentralizing and expansive 
sense to the end that it may enjoy such an organization as will 
enable it to govern itself in the administrative department, subject 
to the immutable sovereignty of Spain. With these views, and as 
soon as circumstances permitted, thanks to the success achieved by 
tlie energetic action of our troops in Pinar del Rio and the other 
central Provinces, the annoying but necessary disturbance caused 
by the proclamations of the commander in chief has been quieted; 
more extensive belts of cultivation have been established; means 
have been supplied; work has been furnished by the development of 
the public works; general and partial amnesties, tending to restore 
the normal state of things, have been decreed; those who have 
repented have been generously received, and those whom it was 
necessary, for political reasons, to remove from their homes in the 
beginning have been gradually sent back to them— all in the hope of 
securing, as was done at the close of the previous war, by degrees. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 35 

as peace is reestablished and at no distant day, the prosperity of 
the island by means of the rapid development of its agricultural 
wealth. 

His Majesty's Government and his representative in Cuba expect 
to persevere in this system, sincerely and firmly resolved to estab- 
lish, as speedily as possible and with all its consequences, the new 
regime now already in force by the law of the Kingdom, and upon 
which depend at this time all the results anticipated from the com- 
plete termination of the war. 

In view of this true state, of things, the Washington Cabinet will 
doubtless see that the truly humane and reasonable course, and that 
most in conformity with the just doctrine advocated in successive 
friendly Presidential proclamations, is to cooperate, by adequate 
means, in the noble and lofty task in which Spain is engaged, by an 
active and energetic opposition to the assistance which the rebellion 
is receiving from some of the citizens of the United States, and by 
putting an end to the existence of the public and organized direc- 
tion which it receives from there, and without which the rebellion 
would long ago have been entirely subdued by arms. This, and no 
other, is the course which, in the opinion of the Spanish Govern- 
ment, is pointed out by humanity, properly understood, in order to 
put an end, within a short time, to the calamities which are oppress- 
ing Cuba; and it is, moreover, the only one consistent with the 
sense and meaning of the first article of the treaty of 1795, which 
stipulated a solid and inviolable peace and sincere friendship be- 
tween the Spanish and North American peoples, without excepting 
persons or places. 

By royal order I state the foregoing to your excellency, in order 
that you may make answer, in the terms set forth, to Mr. Sherman's 
note of the 26th of June. 

Dios, etc., The Duke of TetuAn. 



No. II. 

The Minister Plenipotentiary of His Majesty in Washington to the 
Minister of State. 

[Telegram. — Translation.] 

Lenox, September 6, iSgj. 
I complied with the royal order of August 4 on the 26th of that 
month. My note was delivered at the Department Monday, the 30th. 

DUPUY. 



36 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 12, 

The Minister Plenipotentiary of His Majesty in Washington to the 
Minister of State. 

[Telegram.— Translation.] 

Washington, September 16, iSgj. 
We are in a period of great calm, which presages well for the 
Cuban question. Neither the arrival of Lee in the United States, 
nor the arrival of the new minister from the States there [in Spain], 
nor the return of the President of the. Republic to Washington for 
some days has agitated public opinion, notwithstanding the effort of 
the Herald and other newspapers, on account of the silence of the pru- 
dent and influential. The recommencement of negotiations is a sure 
warrant that all kinds of questions will be avoided, great pressure 
being brought upon McKinley in order that he may not permit any 
agitation. This I am assured by a person here of great wealth and 
influence, and I have verified it from other sources. Mr. Day made 
to the press to-day the following declaration: 

There is no occasion for any sensational reports regarding the new representa- 
tive fronn the United States to Spain. His mission is highly pacific. 

DUPUY. 

No. 13. 

The Minister Plenipotentiary of the United States to the Minister of State. 
San Sebastian, Spain, September 2j, i8gj. 
(See Foreign Relations, 1898, p. 568.) 



No. 14. 
The Minister of State to the representatives of His Majesty abroad. 

[Circular telegram. — Translation.] 

Madrid, October 14, iSgy. 
The new Ministry, presided over by Senor Sagasta, has just taken 
the oath before His Majesty, being constituted as follows: Pardon 
and Justice, Groizard; Treasury, Lopez Puigcerver; Government, 
Ruiz Capdepon; War, Lieut. Gen. D. Miguel Correa; Navy, Rear- 
Admiral Bermejo; Colonies, Moret; and State, he who has the 
pleasure of signing. 

Gullon. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2>7 

No. 15. 

The Minister of State to the Minister Plenipotentiary of His Majesty i?i 

■ lVashifigt07i. 

[Telegram. — Translation.] 

Madrid, October 77, iSgy. 
General Blanco, appointed Governor and Captain-General of 
Cuba, will sail on the 19th for his destination. I am sure your 
excellency will maintain with said authority the most friendly and 
cordial relations. I shall thank you to inform me of the political 
conditions of that country [the United States] and of the effect 
which the change of Spanish Ministry has exercised upon it. 

GULLON. 



No. 16. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, October jg, iSpj. 
Received your excellency's telegram. You may count that Gen- 
eral Blancowill have my most loyal and complete cooperation. I 
shall report to your excellency upon the matter which you ask me 
to investigate regarding political conditions here. To-day they are 
much disturbed because of the November elections, which oblige 
the Government to say nothing that might produce ill feeling or lose 
votes. Upon the change of Spanish Ministry the press declared, 
by an official communication, that the President of the Republic 
could do no less than await the development of the announced 
policy, which he noted with satisfaction and believed would make 
more simple the relations between both countries. Since that noth- 
ing has been said publicly. The "separatists" and those who talk 
of purchase are making desperate efforts to win public opinion, 
which to-day those who are opposed to them do not counteract by 
reason of the elections to which I have referred. To-day I shall see 
Assistant Secretary Day, who conducts the Cuban question directly 
with the President, and in speaking to him of current matters I shall 
have, without doubt, a conversation to transmit to your excellency. 

DUPUY. 



38 - SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 17. 

The Minister FIenipotentia?y of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, October 20, i8gj. 
By conversation with Day, and with other important individuals, 
I have become once more convinced that the President of the 
Republic has his hands tied by reason of internal affairs. Until 
the elections are over he will not say or do anything that might 
injure his party before the masses. Afterwards, the result of the 
elections will influence his manner of procedure. It is indubitable 
that to-day he is trying to have the solution of the Cuban question 
effected in a way that will result in triumph for his personal poli- 
tics. I spoke at length with Assistant Secretary of State Day, and 
although he bears himself in absolute reserve, for fear of being 
compromised, he told me enough for me to understand that the 
attitude of the Department has changed from aggression to expect- 
ancy. He told me that the best solution would be to accept what 
is proposed in the note, reply to which he awaits. I answered that 
I could not discuss a document whose context, even, I did not 
know. 

DUPUY. 



No. 18. 
The Minister of State to the Minister Pleitipotentiary of the United States. 
(See Foreign Relations, 1898, p. 582, October 23, 1897.) 



No. 19. 

The Under Minister of State to the Minister Plenipotentiary of His 
Majesty in Washington. 

[Translation.] 

Madrid, October 2j, iSgy. 
Your Excellency: By royal order communicated through the 
Minister of State, I inclose, for your excellency's information in a 
strictly confidential character, copy of the note which the minister 
plenipotentiary of the United States addressed to His Majesty's 
Government on the 23d of last September, and copy of the reply 
thereto made to-day. 

Dios, etc., Jose G. de Aguera. 



SPANISH CORRESPONDENXE AND DOCUMENTS. 39 

No. 20. 
The Minister Plenipotentiary of the United States to the Minister of State. 
(See Foreign Relations, 1898, p. 595, October 30, 1897.) 



No. 21. 

The Minister of State to the Minister Plenipotentiary of the United 

States. 

(See Foreign Relations, 1898, p. 596, November 3, 1897.) 



No. 22, 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, November j, iSgj. 

Estrada Palma has published a statement denying that the auton- 
omy that is offered is effective. Also there has been published in 
many newspapers extracts from an essay by Mr. Taylor upon the 
situation, in which may be seen all his extreme views and the dis- 
content felt in Madrid, and, at the same time, it clearly shows his 
effort to win here a political position and his displeasure at not hav- 
ing accomplished anything that should advance his position. 

In spite of this, my views are optimistic, and I believe that many I 
emigrants will have to return to Cuba, thus quitting the junta. ' 

DUPUY. 



No. 23. 

The Mitiister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, November 12, i8gj. 
I accompanied Sefior Canalejas to-day to greet the President 
He received us very affably and stated that he observed with satis- [, 
faction the development of events, expressing to us his confidence 
that, as the measures continue to produce results, all motive for 
rancor will disappear, and assuring us of his love of peace and of 
his desire to maintain cordial relations with Spain. He insists that 
he is opposed to all acts of filibustering, saying that if he had proof 
of any faults committed by federal employees they would be chas- 
tised immediately. 

Dupuv. 



40 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 24. 

The Minister of State to the Minister Plenipotetitiary of His Majesty in 

Washington. 

[Telegram.— Translation,] 

Madrid, November 14, iSgy. 
The reports in the last cable of j'our excellency satisfy me regard- 
ing the disposition of the President, which disposition I desire to see 
corroborated later by acts and by the text of his next message. 
Yesterday Woodford confirmed your statement, saying that he had a 
special direction from McKinley to express to the Spanish Govern- 
ment the complacency with which it saw the measures adopted in 
Cuba. 

GULLON. 



No. 25. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, November 25, iSpy. 
The situation continues improving; our cause is making progress 
in piudent public opinion, but it will continue expectant until the 
publication of the decree. The projected note, replying to that of 
your excellency, is not definitively drafted, but will be in a day or so. 
A copy has been promised me. The message is always held in reserve 
until the moment it is read, but its general tone will be favorable, 
doing justice to the policy and purposes of the Government of His 
Majesty and stating that time must be allowed for their development. 

DUPUY. 

No. 26. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, November 26, iSgy. 
The Gaceta of to-day publishes decrees concerning the equaliza- 
tion of laws and adoption of an electoral law under universal suf- 
frage. It will publish to-morrow a decree, signed by His Majesty, 
granting autonomy. This truly autonomous constitution provides 
that the islands of Cuba and Porto Rico shall be governed and 
administered by an insular parliament, divided into two chambers, 
and a Governor-General, representing the Home Government, who 
shall exercise supreme authority. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 4 1 

The chambers shall be denominated administrative council and 
house of representatives. The administrative council shall consist 
of 35 individuals — 17 elective and 18 life appointments made by the 
Governor-General in the name of the King. To be a councilor one 
must be Spanish, 35 years of age, born in Cuba or inhabiting the 
island four years previously, and possessing 4,000 pesos income, 
aside from other requisites respecting offices heretofore exercised. 
Representatives need only to be Spanish, above majority, born or 
living four years in Cuba, and laymen. One shall be elected for 
each 25,000 inhabitants. The election shall be for five years. 

The chambers shall meet each year. It is the duty of the King, 
and in his name of the Governor-General, to convoke, suspend, and 
dissolve them — with the obligation of convoking them anew in three 
months. Councilors and representatives shall enjoy immunity. 

The insular parliament shall receive the oath of the Governor- 
General; shall enact colonial statutes; shall make effective the 
responsibility of the secretaries of department; and shall address 
the Central Government, through the Governor-General, in asking 
the annulment, modification, or enactment of laws of the Kingdom. 
It shall legislate upon matters relating to departments of pardon 
and justice, government, treasury, and interior, in its three aspects 
of public works, instruction, and agriculture. It shall enact laws 
for the administrative organization, the division of the insular 
territory, in municipal, judicial, and sanitary matters, and public 
credit, banks, and a monetary system. The estimate of local 
expenditures and receipts belongs to it, and to vote receipts to pay 
sovereign expenditures which shall be determined every three years 
by the Cortes of the Kingdom. The insular formation of the tariff 
and designation of export and import duties belongs also to the 
insular parliament. The two governments, central and insular, shall 
make up a list of articles. Peninsular and Antillan, to which, by 
common accord, shall be conceded a differential duty over similar 
foreign products. This duty shall not exceed 35 to 100. If in 
drawing up the lists they shall not be in conformity, the differing 
points shall be submitted to a committee of delegates of the King- 
dom, formed in equal parts of Cubans and Peninsulars. 

The Governor-General acts in the name of the King, taking oath 
before the supreme colonial government. As the representative of 
the central power, he commands the military forces, being empow- 
ered by the Departments of State, War, Navy, and Colonies. He 
may suspend publication of the laws of the Kingdom if he deems 
it advisable. As insular chief of administration he sanctions and 
publishes colonial statutes. If he believes it is required by the 
national constitution, or by the interests of the State or colony, 



42 SPANISH CORRESPONDENCE AND DOCUMENTS. 

before sanctioning the laws, he may transmit them to the Council of 
Ministers of the Kingdom, which shall resolve the matter within 
two months. If, within that period, the Central Government does 
not act, the Governor-General shall sanction and promulgate them, 
in accord with the insular parliament. Moreover, he shall freely 
appoint secretaries of department, who shall be five in number: 
Pardon and justice and government, interior, public instruction, 
public works and communications and agriculture, industry and 
commerce. No order of the Governor-General shall be valid with- 
out the signature of the secretary of the department which is held 
responsible. Only in three cases may the Governor-General pro- 
ceed without a hearing of the secretaries of the department: (i) in 
remitting to the Central Government the advice of the insular par- 
liament; (2) to put into effect a law for public order; (3) to order 
the enforcement of laws of the Kingdom. 

The municipal and provisional regime is autonomous and may 
freely appoint alcaldes and mayors. All decisions relative to mu- 
nicipal debts or loans shall, when a third of the councilors ask it, 
be submitted to a popular vote. 

In order to put into effect this regime as soon as possible, the 
Governor-General shall appoint secretaries of department, and, 
with them, shall govern the colony until the colonial constitutional 
parliament meets. 

The Cortes of the Kingdom shall determine the division of the 
debt. 

GULLON. 

No. 27. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, November 2p, iSgy. 
] The publication of the decrees, according to the assertion of the 
Herald, has once more convinced the President of the Republic of 
the sincerity of the efforts to give to Cuba a real autonomy. It says 
tliat, although the partisans of the insurrection in Congress will try 
to provoke discussion they are more liberal than might have been 
expected. All the well-informed persons with whom I have spoken, 
here and in New York, consider the decrees highly satisfactory and 
hope for much good from them. 

DUPUY. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 43 

No. 28. 

The Minister of State to the Minister Fleftipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, November jo., ^^97- 
We have no reason to doubt the favorable disposition of the 
President of the United States and of his Government, since the 
important acts of the present Spanish Ministry, adopted to carry 
out its programme, and since the conduct of Blanco in Cuba. But, 
the 6th of December drawing near, it is important to know, con- 
cretely, not only whether the message will meet our expectations, 
but also what will be the attitude of the President and whether he 
is resolved to limit the discussions of Congress in the event such 
discussions are violent or extreme. 

GULL(')N. 



No. 29. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, December 2, i8gj. 
My own opinion, adduced from conversation and observations, j 
is that the political situation has never been better, nor my mission ^ 
easier, since May, 1895, and, as I am informed, all motive for irrita- 
tion has disappeared. I believe that the message will be pacitic and 
satisfactory, except for some phrases to meet the opinion of extrem- 
ists. Having always believed that the agitation was a consequence 
and not a cause of the events in Cuba, and having never believed, 
in thirty-one months past, that belligerency would be declared or 
that rupture of relations would be provoked by the United States, 
much less do I believe it now. Nor do I believe that the President 
of the Republic will have to restrain or limit Congressional action, 
because such action will not take place, unless something unforeseen 

occurs. 

Duply. 

No. 30. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Translation.] 

Washington, December d, i8q~. 
Most Excellent Sir: I have the honor to transmit herewith to 
your excellency the message which the President of this Republic 



44 SPANISH CORRESPONDENCE AND DOCUMENTS. 

addressed to Congress upon the opening of that body to-da\% at i 
o'clock, in the Capitol. 

Dios etc., Enrique Dupuy de Lome. 



[Inclosure.] 

Extracts from the message of the President of the United States, Mr. McKinley, on 

December 6, i8gj, relative to the Cuban insurrection. 

The most important problem with which this Government is now called upon 
to deal pertaining to its foreign relations concerns its duty toward Spain and the 
Cuban insurrection. Problems and conditions more or less in common with those 
now e.xisting have confronted this Government at various times in the past. The 
story of Cuba for many years has been one of unrest; growing discontent; an 
effort toward a larger enjoyment of liberty and self-control; of organized resist- 
ance to the mother country; of depression after distress and warfare and of inef- 
fectual settlement to be followed by renewed revolt. For no enduring period since 
the enfranchisement of the continental possessions of Spain in the Western Conti- 
nent has the condition of Cuba or the policy of Spain toward Cuba not caused con- 
cern to the United States. 

The prospect from time to time that the weakness of Spain's hold upon the 
island and the political vicissitudes and embarrassments of the Home Government 
might lead to the transfer of Cuba to a continental power called forth, between 
1823 and i860, various emphatic declarations of the policy of the United States to 
permit no disturbance of Cuba's connection with Spain unless in the direction of 
independence or acquisition by us through purchase; nor has there been any 
change of this declared policy since upon the part of the Government. 

The revolution which began in 1868 lasted for ten years despite the strenuous 
efforts of the successive peninsular governments to suppress it. Then as now the 
Government of the United States testified its grave concern and offered its aid to 
put an end to bloodshed in Cuba. The overtures made by General Grant were 
refused and the war dragged on, entailing great loss of life and treasure and in- 
creased injury to American interests, besides throwing enhanced burdens of neu- 
trality upon this Government. In 1878 peace was brought about by the truce of 
Zanjon, obtained by negotiations between the Spanish commander, Martinez de 
Campos, and the insurgent leaders. 

The present insurrection broke out in February, 1895. It is not my purpose at 
this time to recall its remarkable increase or to characterize its tenacious resistance 
against the enormous forces massed against it by Spain. The revolt and the 
efforts to subdue it carried destruction to every quarter of the island, developing 
wide proportions and defying the efforts of Spain for its suppression. The civilized 
code of war has been disregarded, no less so by the Spaniards than by the Cubans. 

The existing conditions can not but fill this Government and the American 
people with the gravest apprehension. There is no desire on the part of our people 
to profit by the misfortunes of Spain. We have only the desire to see the Cubans 
prosperous and contented, enjoying that measure of self-control which is the in- 
alienable right of man, protected in their right to reap the benefit of the exhaustless 
treasures of their country. 

The offer made by my predecessor in April, i8g6, tendering the friendly-offices 
of this Government failed. Any mediation on our part was not accepted. In brief 
the answer read: "There is no effectual way to pacify Cuba unless it begins with 
the actual submission of the rebels to the mother country." Then only could Spain 
act in the promised direction, of her own motion and after her own plans. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 45 

The cruel policy of concentration was initiated February 16, 1S96. The pro- 
ductive districts controlled by the Spanish armies were depopulated. The agricul- 
tural inhabitants were herded in and about the garrison towns, their lands laid 
waste, and their dwellings destroyed. This policy the late Cabinet of Spain justi- 
fied as a necessary measure of war and as a means of cutting off supplies from the 
insurgents. It has utterly failed as a war measure. It was not civilized warfare. 
It was extermination. 

Against this abuse of the rights of war I have felt constrained on repeated 
occasions to enter the firm and earnest protest of this Government. There was 
much of public condemnation of the treatment of American citizens by alleged 
illegal arrests and long imprisonment awaiting trial or pending protracted judicial 
proceedings. I felt it my first duty to make instant demand for the release or 
speedy trial of all American citizens under arrest. Before the change of the Span- 
ish Cabinet in October last twenty-two prisoners, citizens of the United States, had 
been given their freedom. 

For the relief of our own citizens suffering because of the conflict the aid of Con- 
gress was sought in a special message, and under the appropriation of April 4, 
1897, effective aid has been given to American citizens in Cuba, many of them at 
their own request having been returned to the United States. 

The instructions given to our new minister to Spain before his departure for his 
post directed him to impress upon that Government the sincere wish of the United 
States to lend its aid toward the ending of the war in Cuba by reaching a peaceful 
and lasting result, just and honorable alike to Spain and to the Cuban people. 
These instructions recited the character and duration of the contest, the widespread 
losses it entails, the burdens and restraints it imposes upon us, with constant 
disturbance of national interests,- and the injury resulting from an indefinite con- 
tinuance of this state of things. It was stated that at this juncture our Government 
was constrained to seriously inquire if the time was not ripe when Spain of her 
own volition, moved by her own interests and every sentiment of humanity, 
should put a stop to this destructive war and make proposals of settlement honor- 
able to herself and just to her Cuban colony. It was urged that as a neighboring 
nation, with large interests in Cuba, we could be required to wait only a reason- 
able time for the mother country to establish its authority and restore peace and 
order within the borders of the island; that we could not contemplate an indefinite 
period for the accomplishment of this result. 

No solution was proposed to which the slightest idea of humiliation to Spain 
could attach, and, indeed, precise proposals were withheld to avoid embarrassment 
to that Government. All that was asked or expected was that some safe way might 
be speedily provided and permanent peace restored. It so chanced that the con- 
sideration of this offer, addressed to the same Spanish Administration which had 
declined the tenders of my predecessor and which for more than two years had 
poured men and treasure into Cuba in the fruitless efTort to suppress the revolt, 
fell to others. Between the departure of General Woodford, the new envoy, and 
his arrival in Spain the statesman who had shaped the policy of his country fell 
by the hand of an assassin, and although the Cabinet of the late Premier still held 
office and received from our envoy the proposals he bore, that Cabinet gave 
place within a few days thereafter to a new Administration, under the leadership 
of Saga^la. 

The reply to our note was received on the 23d day of October. It is in the 
direction of a better understanding. It appreciates the friendly purposes of this 
Government. It admits that our country is deeply affected by the war in Cuba 
and that its desires for peace are just. It declares that the present Spanish Gov- 
ernment is bound by every consideration to a change of policy that should satisfy 



46 SPANISH CORRESPONDENCE AND DOCUMENTS. 

the United States and pacify Cuba within a reasonable time. To this end Spain 
has decided to put into effect the political reforms heretofore advocated by the 
present Premier, without halting for any consideration in the path which in its 
judgment leads to peace. The military operations, it is said, will continue but 
will be humane and conducted with all regard for private rights, being accompa- 
-nied by political action leading to the autonomy of Cuba while guarding Spanish 
sovereignty. This, it is claimed, will result in investing Cuba with a distinct per- 
sonality; the island to be governed by an executive and by a local council or 
chamber, reserving to Spain the control of the foreign relations, the army and 
navy, and the judicial administration. To accomplish this the present Government 
proposes to modify existing legislation by decree, leaving the Spanish Cortes, with 
the aid of the Cuban senators and deputies, to solve the economic problem and 
properly distribute the existing debt. 

In the absence of a declaration of the measures that this Government proposes 
to take in carrying out its proffer of good offices it suggests that Spain be left 
free to conduct military operations and grant political reforms, while the United 
States for its part shall enforce its neutral obligations and cut off the assistance 
which it is asserted the insurgents receive from this country. The supposition of 
an indefinite prolongation of the war is denied. It is asserted that the western 
Provinces are already well-nigh reclaimed, that the planting of cane and tobacco 
therein has been resumed, and that by force of arms and new and ample reforms 
very early and complete pacification is hoped for. 

The immediate amelioration of existing conditions under the new administra- 
tion of Cuban affairs is predicted, and therewithal the disturbance and all occasion 
for any change of attitude on the part of the United States. Discussion of the 
question of the international duties and responsibilities of the United States as 
Spain understands them is presented, with an apparent disposition to charge us 
with failure in this regard. This charge is without any basis in fact. It could not 
have been made if Spain had been cognizant of the constant efforts this Govern- 
ment has made at the cost of millions and by the employment of the administrative 
machinery of the nation at command to perform its full duty according to the law 
of nations. That it has successfully prevented the departure of a single military 
expedition or armed vessel from our shores in violation of our laws would seem to 
be a sufficient answer. But of this aspect of the Spanish note it is not necessary 
to speak further now. Firm in the conviction of a wholly performed obligation, 
due response to this charge has been made in diplomatic course. 

Throughout all these horrors and dangers to our own peace this Government 
has never in any way abrogated its sovereign prerogative of reserving to itself the 
determination of its policy and course according to its own high sense of right and 
in consonance with the dearest interests and convictions of our own people should 
the prolongation of the strife so demand. 

Of the untried measures there remain only: Recognition of the insurgents as 
belligerents; recognition of the independence of Cuba; neutral intervention to end 
the war by imposing a rational compromise between the contestants; and interven- 
tion in favor of one or the other party. I speak not of forcible annexation, for 
that can not be thought of. That by our code of morality would be criminal 
aggression. 

Recognition of the belligerency of the Cuban insurgents has often^ been can- 
vassed as a possible if not inevitable step both in regard to the previous ten years' 
struggle and during the present war. I am not unmindful that the two Houses of 
Congress in the spring of 1896 expressed the opinion by concurrent resolution that 
a condition of public war existed requiring or justifying the recognition of a state 
of belligerency in Cuba, and during the extra session the Senate voted a joint reso- 



SPANISH CORRESPONDENCE AND DOCUMENTS. 47 

lution of like import, which however was not brought to a vote in the House of 
Representatives. In the presence of these significant expressions of the sentiment 
of the legislative branch it behooves the Executive to soberly consider the con- 
ditions under which so important a measure must needs rest for justification. It 
is to be seriously considered whether the Cuban insurrection possesses beyond 
dispute the attributes of statehood which alone can demand the recognition of bel- 
ligerency in its favor. Possession, in short, of the essential qualifications of sover- 
eignty by the insurgents and the conduct of the war by them according to the 
received code of war are no less important factors toward the determination of 
the problem of belligerency than are the influences and consequences of the strug- 
gle upon the internal polity of the recognizing state. 

The wise utterances of President Grant in his memorable message of December 
7, 1S75, are signally relevant to the present situation in Cuba and it may be whole- 
some now to recall them. At that time a ruinous conflict had for seven years 
wasted the neighboring island. During all those years an utter disregard of the 
laws of civilized warfare and of the just demands of humanity, which called forth 
expressions of condemnation from the nations of Christendom, continued unabated. 
Desolation and ruin pervaded that productive region, enormously affecting the 
commerce of all commercial nations, but that of the United States more than any 
other by reason of proximity and larger trade and intercourse. At that juncture 
General Grant uttered these words, which now as then sum up the elements of 
the problem: 

"A recognition of the independence of Cuba being, in my opinion, impracticable, 
and indefensible, the question which next presents itself is that of the recognition 
of belligerent rights in the parties to the contest. In a former message to Con- 
gress I had occasion to consider this question, and reached the conclusion that the 
conflict in Cuba, dreadful and devastating as were its incidents, did not rise to the 
fearful dignity of war. * * * it is possible that the acts of foreign powers, and 
even acts of Spain herself, of this very nature, might be pointed to in defense of 
such recognition. But now, as in its past history, the United States should care- 
fully avoid the false lights which might lead it into the mazes of doubtful law and 
of questionable propriety, and adhere rigidly and sternly to the rule, which has 
been its guide, of doing only that which is right and honest and of good report. 
The question of according or of withholding rights of belligerency must be judged 
in every case, in view of the particular attending facts. Unless justified by neces- 
sity, it is always, and justly, regarded as an unfriendly act and a gratuitous 
demonstration of moral support to the rebellion. It is necessary, and it is required, 
when the interests and rights of another government or of its people are so far 
affected by a pending civil conflict as to require a definition of its relations to the 
parties thereto. But this conflict must be one which will be recognized in the sense 
of international law as war. 

"Belligerence, too, is a fact. The mere existence of contending armed bodies, 
and their occasional conflicts, do not constitute war in the sense referred to. Apply- 
ing to the existing condition of affairs in Cuba the tests recognized by publicists 
and writers on international law, and which have been observed by nations of 
dignity, honesty, and power, when free from sensitive or selfish and unworthy 
motives, I fail to find in the insurrection the existence of such a substantial political 
organization, real, palpable, and manifest to the world, hav ng the forms and 
capable of the ordinary functions of government toward its c vn people and to 
other states, with courts for the administration of justice, with a local habitation, 
possessing such organization of force, such material, such occupation of territory 
as to take the contest out of the category of a mere rebellious insurrection, or 
occasional skirmishes, and place it on the terrible footing of war, to which a recog- 
nition of belligerency would aim to elevate it. 



48 SPANISH CORRESrONDENCE AND DOCUMENTS. 

"The contest, moreover, is solely on land; the insurrection has not possessed 
itself of a single seaport whence it may send forth its flag, nor has it any means of 
communication with foreign powers except through the military lines of its adver- 
saries. No apprehension of any of those sudden and difficult complications which 
a war upon the ocean is apt to precipitate upon the vessels, both commercial and 
national, and upon the consular officers of other powers, calls for the definition of 
their relations to the parties to the contest. Considered as a question of expedi- 
ency, I regard the accordance of belligerent rights still to be as unwise and pre- 
mature as I regard it to be, at present, indefensible as a measure of right. 

"Such recognition entails upon the country according the rights which flow 
from it difficult and complicated duties, and requires the exaction from the con- 
tending parties of the strict observance of their rights and obligations. It confers 
the right of search upon the high seas by vessels of both parties; it would subject 
the carrying of arms and munitions of war, which now may be transported freely 
and without interruption, in vessels of the United States to detention and to pos 
sible seizure; it would give rise to countless vexatious questions, would release the 
parent Government from responsibility for acts done by the insurgents, and would 
invest Spain with the right to exercise the supervision recognized by our treaty of 
1795 over our commerce on the high seas, a very large part of which, in its traffic 
between the Atlantic and the Gulf States, and between all of them and the States 
on the Pacific, passes through the waters which wash the shores of Cuba. The 
exercise of this supervision could scarce fail to lead, if not to abuses, certainly to 
collisions perilous to the peaceful relations of the two States. There can be little 
doubt as to what result such supervision would before long draw this nation. It 
would be unworthy of the United States to inaugurate the possibilities of such 
result, by measures of questionable right or expediency, or by any indirection." 

Turning to the practical aspects of a recognition of belligerency and reviewing 
its inconveniences and positive dangers, still further pertinent considerations 
appear. In the code of nations there is no such thing as a naked recognition of 
belligerency unaccompanied by the assumption of international neutrality. Such 
recognition without more will not confer upon either party to a domestic conflict 
a status not theretofore actually possessed or affect the relation of either party to 
other States. The act of recognition usually takes the form of a solemn proclama- 
tion of neutrality which recites the de facto condition of belligerency as its motive. 
It announces a domestic law of neutrality in the declaring state. It assumes the 
international obligations of a neutral in the presence of a public state of war. It 
warns all citizens and others within the jurisdiction of the proclaimant that they 
violate those rigorous obligations at their own peril and can not expect to be 
shielded from the consequences. The right of visit and search on the seas and 
seizure of vessels and cargoes and contraband of war and good prize under admi- 
ralty law must under international law be admitted as a legitimate consequence of 
a proclamation of belligerency. While according the equal belligerent rights 
defined by public law to each party in our ports disfavors would be imposed on 
both, which, while nominally equal, would weigh heavily in behalf of Spain her- 
self. Possessing a navy and controlling the ports of Cuba her maritime rights 
could be asserted not only for the military investment of the island but up to the 
margin of our own territorial waters, and a condition of things would exist for 
which the Cubans within their own domain could not hope to create a parallel; 
while its creation through aid or sympathy from within our domain would be even 
more impossible than now, with the additional obligations of international neu- 
trality we would perforce assume. 

The enforcement of this enlarged and onerous code of neutrality would only be 
influential within our own jurisdiction by land and sea and applicable by our own 



SPANISH CORRESPONr3ENCE AND DOCUMENTS. 49 

instrumentalities. It could impart to the United States no jurisdiction between 
Spain and the insurgents. It would give the United States no right of intervention 
to enforce the conduct of the strife within the paramount authority of Spain 
according to the international code of war. 

For these reasons I regard the recognition of the belligerency of the Cuban 
insurgents as now unwise and therefore inadmissible. Should that step hereafter 
be deemed wise as a measure of right and duty the Executive will take it. 

Intervention upon humanitarian grounds has been frequently suggested and 
has not failed to receive my most anxious and earnest consideration. But should 
such a step be now taken when it is apparent that a hopeful change has supervened 
in the policy of Spain toward Cuba? A new Government has taken office in the 
mother country. It is pledged in advance to the declaration that all the effort in 
the world can not suffice to maintain peace in Cuba by the bayonet; that vague 
promises of reform after subjugation afford no solution of the insular problem; 
that with a substitution of commanders must come a change of the past system 
of warfare for one in harmony with a new policy which shall no longer aim to 
drive the Cubans to the "horrible alternative of taking to the thicket or succumb- 
ing in misery;" that reforms must be instituted in accordance with the needs and 
circumstances of the time, and that these reforms, while designed to give full 
autonomy to the colony and to create a virtual entity and self-controlled adminis- 
tration, shall yet conserve and affirm the sovereignty of Spain by a just distribu- 
tion of powers and burdens upon a basis of mutual interest untainted by methods 
of selfish expediency. 

The first acts of the new Government lie in these honorable paths. The policy 
of cruel rapine and extermination that so long shocked the universal sentiment of 
humanity has been reversed. Under the new military commander a broad clem- 
ency is proffered. Measures have already been set on foot to relieve the horrors 
of starvation. The power of the Spanish armies it is asserted is to be used not to 
spread ruin and desolation but to protect the resumption of peaceful agricultural 
pursuits and productive industries. That past methods are futile to force a peace 
by subjugation is freely admitted, and that ruin without conciliation must inevitably 
fail to win for Spain the fidelity of a contented dependency. 

Decrees in application of the foreshadowed reforms have already been promul- 
gated. The full text of these decrees has not been received, but as furnished in a 
telegraphic summary from our minister are: All civil and electoral rights of pen- 
insular Spaniards are, in virtue of existing constitutional authority, forthwith 
extended to colonial Spaniards. A scheme of autonomy has been proclaimed by 
decree, to become effective upon ratification by the Cortes. It creates a Cuban 
parliament which, with the insular executive, can consider and vote upon all sub- 
jects affecting local order and interests, possessing unlimited powers save as to 
matters of state, war, and the navy, as to which the Governor-General acts by his 
own authority as the delegate of the Central Government. This parliament 
receives the oath of the Governor-General to preserve faithfully the Jiberties and 
privileges of the colony, and to it the colonial secretaries are responsible. It has 
the right to propose to the Central Government, through the Governor-General, 
modifications of the national charter and to invite new projects of law or executive 
measures in the interest of the colony. 

Besides its local powers it is competent, first, to regulate electoral registration 
and procedure and prescribe the qualifications of electors and the manner of exer- 
cising suffrage; second, to organize courts of justice with native judges from 
members of the local bar; third, to frame the insular budget both as to expendi- 
tures and revenues, without limitation of any kind, and to set apart the revenues 
to meet the Cuban share of the national budget, which latter will be voted by the 
S D C 4 



50 



SPANISH CORRESPONDENXE AND DOCUMENTS. 



National Cortes with the assistance of Cuban senators and deputies; fourth, to 
initiate or take part in the negotiations of the National Government for commercial 
treaties which may affect Cuban interests; fifth, to accept or reject commercial 
treaties which the National Government may have concluded without the partici- 
pation of the Cuban government; sixth, to frame the colonial tariff, acting in 
accord with the Peninsular Government in scheduling articles of mutual commerce 
between the mother country and the colonies. Before introducing or voting upon 
a bill, the Cuban government or the chambers will lay the project before the Cen- 
tral Government and hear its opinion thereon, all the correspondence in such 
regard being made public. Finally, all conflicts of jurisdiction arising between 
the different municipal, provincial, and insular assemblies, or between the latter 
and the insular executive power, and which from their nature may not be referable 
to the Central Government for decision, shall be submitted to the courts. 

That the Government of Sagasta has entered upon a course from which reces- 
sion with honor is impossible can hardly be questioned; that in the few weeks it 
has existed it has made earnest of the sincerity of its professions is undeniable. I 
shall not impung its sincerity, nor should impatience be suffered to embarrass it in 
the task it has undertaken. It is honestly due to Spain and to our friendly relations 
with Spain that she should be given a reasonable chance to realize her expectations 
and to prove the asserted efficacy of the new order of things to which she stands 
irrevocably committed. She has recalled the commander whose brutal orders 
inflamed the American mind and shocked the civilized world. She has modified 
the horrible order of concentration and has undertaken to care for the helpless 
and permit those who desire to resume the cultivation of their fields to do so and 
assures them of the protection of the Spanish Government in their lawful occupa- 
tions. She has just released the Competitor prisoners heretofore sentenced to death 
and who have been the subject of repeated diplomatic correspondence during this 
and the preceding Administration. 

Not a single American citizen is now in arrest or confinement in Cuba of whom 
this Government has any knowledge. The near future will demonstrate whether 
the indispensable condition of a righteous peace, just alike to the Cubans and to 
Spain as well as equitable to all our interests so intimately involved in the welfare 
of Cuba, is likely to be attained. If not, the exigency of further and other action 
by the United States will remain to be taken. When that time comes that ac- 
tion will be determined in the line of indisputable right and duty. It will be faced 
witho.ut misgiving or hesitancy in the light of the obligation this Government owes 
to itself, to the people who have confided to it the protection of their interests and 
honor, and to humanity. 

Sure of the right, keeping free from all offense ourselves, actuated only by 
upright and patriotic considerations, moved neither by passion nor selfishness, the 
Government will continue its watchful care over the rights and property of Ameri- 
can citizens and will abate none of its efforts to bring about by peaceful agencies 
a peace which shall be honorable and enduring. If it shall hereafter appear to be 
a duty imposed by our obligations to. ourselves, to civilization and humanity to 
intervene with force, it shall be without fault on our part and only because the 
necessity for such action will be so clear as to command the support and approval 
of the civilized world. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 5 1 

No. 31. 

The Alinister Plenipotentiary of His Majesty to the Minister of State. 

[ Telegram.— Translation.] 

Washington, December c?, i8gj. 
The greater part of the newspapers — among them many who 
have constantly demanded intervention in Cuban matters — compli- 
ment the message of the President.of the Republic, and consider its 
tone very conservative and its tendency pacific, which will assure 
securety to the country by not bringing on a crisis. The decided 
partisans of the insurrection, such as the Journal and the Sun, 
attack the message violently. Although there is much in it that is 
annoying, it is explicable in view of the sentiment of the Congress. 
To the Democrats and opponents of the President the message has 
seemed without force. Taylor, now in Mobile, publishes a rabid 
statement attacking the President, qualifying the message as egotis- 
tical and heartless, cold and cynical; calling those who fight in the 
jungle heroes, and saying that nothing has been shown to prove 
their incapacity to govern themselves; and, after much discussion, 
clearly showing his partiality and spite, he says that the message is 
the most short-sighted and discreditable of the United States. I 
believe that this declaration, and that of the Cuban League, which 
was also a protest against the message, explain the true reason for 
the political attitude of this Government. 

DUPUY. 



No. 32. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, December 16, i8gj. 
The silence of your excellency during the past six days permits 
the Spanish Government to entertain confidence in the attitude and 
disposition of the President and his Cabinet, ignoring the reports 
that new expeditions are preparing, and other announcements, with- 
out doubt transmitted by the filibusters, concerning hostile inten- 
tions of the United States. It is important, however, that your 
excellency shall report what you know concerning the approaching 
departure of the American squadron for the Gulf of Mexico and 
the opinion that is formed of the probable trend of the discussions 
in Congress. 

GULLUN. 



52 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 33. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, December 16, i8gj. 
There is absolute quiet and lack of news. The President of the 
Republic and Day went away on the 6th — as soon as the message 
was read — and did not return until to-day. The greater part of the 
Cabinet, and with them the Assistant Secretary of State, attended 
the funeral of the mother of the President. Congress has been 
occupied with local matters, except a proposition of one Allen, which 
is without significance. On Saturday, the i8th, the Congress will 
adjourn for the holidays until the 5th of January, according to agree- 
ment reached to-day. Decision to send the fleet was reached some 
time ago; it resumes the drill practice which had been suspended 
during the past two winters, in order not to arouse excited public 
sentiment; and its purpose is also to demonstrate that the situation 
has improved and to avoid a demand for one or more boats to go to 
Cuba. : My opinion has not changed in any respect. So long as a 
government is not formed in Cuba, and until the decrees are put 
into effect, the situation must remain expectative. I consider the 
situation good, and the decision taken last night by the Democratic 
minority of the House to place themselves on the side of the insur- 
gents is advantageous, because it will mean united opposition to the 
Republicans and the Government. The press scarcely concerns 
itself with the Cuban question. I think that the position for us to 
assume is one of reserve, until the first insular government is formedrj 

Dupuv> 



No. 34. 

The Minister of the United States to the Minister of State. 

No. 43.] Madrid, December 20, iSq-j. 

Excellency: In further reply to the note which your excellency 
addressed to me on the 23d of October last, I have now the honor to 
state that I communicated to my Government the full text thereof, 
together with copies of the manifesto issued by the Liberal party of 
Spain, through its honored chief, Sefior Sagasta, on the 24th of 
June last, and to which manifesto your excellency referred in evi- 
dence of the consistent and sincere purposes of reform which ani- 
mate the existing Government of His Majesty. 

The President now instructs me to inform your excellency that 
the Government at Washington has given that extended considera- 



SPANISH CORRESPONDENCE AND DOCUMENTS. 53 

tion which their importance demands, not only to your note itself, 
but also to the remarkable and earnest declarations which such mani- 
festo contains of the principles and purposes of the Liberal party, 
now intrusted with the Government of Spain. During the very 
time that these matters have been receiving the careful consider- 
ation of my Government, the President has observed with peculiar 
satisfaction the encouraging signs which come to him alike from 
the Peninsula, from Cuba, and from the honored representative of 
Spain at Washington, of the singleness and earnestness of purpose 
wherewith His Majesty's Government and its responsible agents in 
Cuba are laboring to bring about an instant and permanent change 
in those conditions in that island which have so long distressed the 
Government and the people of the United States. 

For these reasons my Government, in directing this response to 
the note of your excellency, recognizes its duty to consider the 
questions involved, not merely in the light of assertion and argu- 
ment, but also in the presence of attendant facts, so that it may 
render due justice to the sentiments and course of Spain in this 
conjuncture. 

The President is gratified to note that the Spanish Government 
appreciates at its just value the vital interest which the Govern- 
ment and people of the United States have and feel in the prompt 
cessation of the Cuban struggle. This struggle, as your excellency 
observes, although it be for Spain more painful and costly than for 
any other state, is also of importance and prejudicial to the Ameri- 
can nation, alike because the disasters of such a civil strife are so 
nearly felt and because of the losses occasioned to our commerce, 
our industries, and the property of our citizens by an indefinite con- 
tinuance of a contest of this character. When I addressed my com- 
munication to your distinguished predecessor in office, on the 23d 
of September last, the destinies of Spain and of Cuba were con- 
trolled by a Government which, during nearly two years and a half, 
had been engaged in the fruitless endeavor to reduce the revolted 
Cubans to subjection by sheer force of arms and not by the legiti- 
mate resorts of war as understood in our day, or, indeed, by the 
means defined by all publicists since international law came into 
being. 

The methods employed were destructive to every rational interest 
of Spain and Cuba, and injurious to everj'^ association that links 
both Spain and Cuba to the outside world. Its aim appeared to be, 
not the conservation of the fairest dependency of Spain under con- 
ditions of contentment and prosperity, but to conquer the peace of 
the desert and the tomb. It behooved my Government at that time 
to rest the case of the United States, not alone upon the sentiments 



54 SPANISH CORRESPONDENCE AND DOCUMENTS. 

of humanity, but also upon the material considerations importing 
irremediable injury to paramount national interests, should such 
disastrous state of things continue. The history of civilized na- 
tions shows that such sentiments and such considerations have 
constrained the suffering on-lookers to mediation, and even inter- 
vention, when longer forbearance has ceased to be a virtue. The 
action of my Government rested no less upon moral and legal right 
than upon the all-controlling sentiment of humanity. Its friendly 
forbearance was testified by thus approaching anew that same 
Peninsular Government which has repelled our kindly overtures in 
the past. It was even then fervently hoped that this repeated offer 
might be heeded in the spirit of sincere friendship which prompted 
it, and might gain in weight and in acceptability by the circum- 
stances that an added year of ineffectual war in Cuba had demon- 
strated the futility of the policy theretofore decreed by the Spanish 
Government, and that it was proffered by a new Administration, 
which had taken office in the United States under conditions impos- 
ing upon the Executive the onerous responsibility of adopting a 
definite policy toward Spain and toward the Cuban war. 
! It is a gratifying augury that the consideration of our fresh pro- 
"^posals should have fallen to a Government which, by its liberal 
antecedents, by its views and convictions in regard to the conduct 
of the war formed and expressed while in opposition and out of 
power, and by its declared pledges of amelioration and reform in 
the mutual interest of Cuba and of Spain, was so well fitted to 
understand the true motives of our conduct and the earnestly 
im[)artial friendliness that prompted our course. Under such cir- 
cumstances it has not been for a moment apprehended that the just 
grounds of our representations to Spain could be misconstrued or 
controverted. The record of the Liberal party and the stand taken 
by its leaders, with the indorsement of its rank and file, were an 
assurance that such would not be the case, and the President is 
gratified that the event has justified the accuracy and wisdom of 
this forecast. 

The Government of the United States appreciates fully all the 
embarrassments which must necessarily surround an administration 
new to office, assuming the complex functions of government at an 
hour of grave national peril, and inheriting from its predecessor the 
disastrous legacy of an internal conflict the conditions of which had 
been embittered by the harsh and futile methods in which the war 
had been conducted. The President understands that the reversal 
of all that had been done is no sudden growth to spring up in a 
single night, and that the fair structure of a just and permanent and 
prosperous peace for Cuba is to be raised with thoughtful care and 



J 



SPANISH CORRESPONDENCE AND DOCUMENTS. 55 

untiring devotion if Spain is to succeed in the accomplishment of 
the tremendous task upon which she has entered. He comprehends 
that the plan, however broadly outlined, must be wrought out in 
progressive detail, and that upon assured foundations — upon the 
rock of equity and not upon the shifting sands of selfish interest — 
must be builded, stone by stone, the enduring fabric of regenerated 
Cuba. 

He sees this broadly outlined plan in the declarations of the 
present Spanish note, which announces that, in fulfillment of the reso- 
lute purpose to draw closer with the ties of true affection the bonds 
which unite the motherland with its provinces beyond the seas, it 
has been determined to put into immediate practice the political 
system sketched by the present President of the Council of Ministers 
in his manifesto of June 24; that this involves joining to military 
operations, uninterrupted, energetic, and active as circumstances 
may demand, but ever humanitarian and careful to respect all pri- 
vate rights as far as may be possible, political action frankly leading 
to the autonomy of the colony in such wise that under the guaranty 
of Spain shall arise the new administrative entity which is to govern 
itself in all affairs peculiar to itself by means of an insular council 
and parliament; that such institution of true self-government shall 
give to the Cubans their own local government whereby they shall 
be at one and the same time the initiators and regulators of their own 
life, while remaining within the integral nationality of Spain; and 
that to realize these ends of peace with liberty and self-government 
the mother country will not fail to lend in due season the moral and 
material means in aid of the Antillean provinces by cooperating 
toward the reestablishment of property, the development of the 
island's inexhaustible sources of wealth, and by specially promoting 
public works and material interests which shall bring prosperity in 
the train of restored peace. 

In taking this advanced position the Government of Spain has 
entered upon a pathway from which no backward step is possible. 
Its scope and magnitude may not be limited by the necessarily gen- 
eral and comprehensive character of the formula w'hereby it is 
announced. The outcome must be complete and lasting if the effort 
now put fortli is to be crowned with full success and if the love and 
veneration of an ever faithful and happy people are to reward the 
sacrifices and endeavors of Spain. No less is due to Cuba; no less 
is possible for Spain herself. 

The first acts of the new Government of Spain lie in the laudable 
paths it has laid out for its own guidance. The policy of devasta- 
tion and extermination that so long shocked the universal sentiment 
of humanity has already been signally reversed, and the President 



56 SPANISH CORRESPONDENCE AND DOCUMENTS. 

has been informed by the Spanish minister at Washington of the 
measures proclaimed by the new commander in chief of the Spanish 
arms in Cuba, whereby immediate relief is extended to the unhappy 
reconcentrados, fresh zones of cultivation are opened to them, 
employment upon the estates permitted, transportation furnished 
them, and protective boards organized for their succor and care. 
He is likewise advised that by a recent decree of the Governor- 
General the resumption of agricultural operations and the harvest- 
ing of crops shall be promoted and efficiently protected by all possible 
means, civil as well as military. He learns that the grinding of cane 
and the renewal of industrial operations in the interior districts is 
to be continually and effectively encouraged, especially in respect 
to those impoverished estates which, through the destruction of 
crops, the prohibition of labor, the deportation of their tenants, the 
withdrawal of military protection, and the enforced cessation of 
their revenues, have incurred increased areas of taxation. He hears 
with profound gratification that the new commander has proffered 
broad amnesty to participants in the insurrection, and that the scope 
of this clemency is to be even further enlarged to cover those con- 
victed of political offenses. 

The Madrid Government has promulgated its scheme of home 
rule for Cuba, ^he President awaits the outcome with encourage- 
ment and hope, without committing his Government to the details 
of the plan itself, the scope and effects of which must remain to be 
judged by their realization."^ In all these things the President cheer- 
fully realizes that the new Government of Spain has already given 
earnest of the sincerity of its professions and evidence of its convic- 
tion that past methods are and must needs be futile to enforce a peace 
by subjugation without concessions adequate to remedy admitted 
evils, and that such methods must inevitably fail to win for Spain the 
fidelity of a contented people. With such convictions unhesitatingly 
expressed, with such a herculean task before her, so humanely and 
so auspiciously begun, Spain may reasonably look to the United 
States to maintain^an attitude of benevolent expectancy 'until the 
near future shall have shown whether the indispensable condition 
of a righteous peace, just alike to the Cubans and to Spain, as well 
as equitable to American interests so intimately bound up in the 
welfare of the island, is realized. It is the sincere hope and desire 
of the President that such a condition of lasting benefit to all con- 
cerned may soon be brought about. He would most gladly share 
in the belief expressed in the Liberal manifesto of June 24 that the 
speedy and energetic application of the principles and governmental 
measures therein advocated will be powerful to stay the course of 
the evils that have afflicted Spain and to bring her near to the pacifi- 
cation of her colonies. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 57 

After making these declarations touching the proclaimed polic}^ 
of the Liberal Government of Spain toward Cuba and the measures 
already adopted and to be forthwith devised to render that policy 
effective, your excellency takes up that part of my note of September 
23d last which states that the President feels it his duty to make 
the strongest possible effort to contribute effectively toward peace, 
and your excellency remarks that my note makes no suggestion of 
the means of which the President might avail himself to attain that 
end. My omission of such suggestion is sufficiently explained in my \ 
concluding statements that the President had no desire to embarrass 
the Spanish Government by formulating precise proposals as to the 
manner in which the assistance of the United States could be effect- 
ivel}' rendered, and that all that was asked or expected was that some 
safe way might be provided for action which the United States could 
undertake with justice and self-respect, so that the settlement 
■should be a lasting one, honorable and advantageous to Cuba and 
■equitable to the United States, to which ends my Government offered 
its most kindly offices. For the realization of this friendly offer I 
invited an early statement of some proposal under which that tender 
■of good offices might become effective, or in lieu thereof satisfactory 
-assurances that peace in Cuba would, by the efforts of Spain, be 
promptly secured. 

The assurances tendered by your excellency on behalf of the 
Liberal Government of Spain lie in the line of this latter alternative. 

Your excellency's note is silent as to the manner and form in 
which the Government of the United States might exert its good 
offices. Your excellency limits yourself to suggesting coincident 
but separate action by the two Governments, each in its domestic 
sphere, whereby, as your excellency says, "Spain shall continue to 
put forth armed efforts, at the same time decreeing the political 
concessions which she may deem prudent and adequate, while the 
United States exerts within its borders the energy and vigilance 
necessary to absolutely prevent the procurement of the resources of 
which from the beginning the Cuban insurrection has availed itself 
as from an inexhaustible arsenal." And thereupon your excellency 
proceeds to discuss at some length the supposed shortcomings of 
the United States as to the manner of fulfilling the neutrality laws 
in the territory of the Union, and as to the scope and sufficiency of 
those laws. This labored arraignment could scarcely fail to bei 
received with mingled pain and sorrow by a Government which, "^ 
like that of the United States, inspired by the highest sense of 
friendly duty, has for nearly three years endured almost insup- 
portable domestic burdens, poured forth its treasure by millions, 



58 SPANISH CORRESPONDENCE AND DOCUMENTS. 

and employed its armed resources for the full enforcement of its 
laws and for the prevention and repression of attempted or actual 
violation thereof by persons within its jurisdiction. 

Your excellency appears to be unaware of the magnitude of the 
task which my Government has performed and is still performing, 
with the single purpose of doing its whole duty in the premises. 
Since June, 1895, our ships of war have without intermission pa- 
trolled the Florida coast. At various times the Raleigh, Cincinnati, 
Amphitrite, Maine, Montgomery, Newark, Dolphin, Marblehead, Vesu- 
vius, Wilmington, Helena, Nashville, Annapolis, and Detroit have been 
employed on this service. Starting with one ship, having Key West 
as its headquarters, the number on continuous duty was gradually 
increased to four, without counting the additional service performed 
as special occasion demanded at other seaboard points. One vessel, 
with headquarters at Pensacola, patrols the coast from the north- 
west as far south as Tampa; another, with headquarters at Key 
West, patrols the coast from Tampa around Miami on the east side; 
and a third, with headquarters at Jacksonville, patrols the Atlantic 
coast from Miami to Georgia. The action of these regularly sta- 
tioned ships is at all times concerted. Their commanders are 
ordered to communicate directly with one another, with the United 
States district attorneys in Florida, with the custom-house officials 
in that State, and with the commanding officers of the several 
revenue cutters likewise on duty in that quarter. Acting upon the 
information thus received, they take such immediate action as they 
may deem advisable or necessary in order to prevent the violation 
of the neutrality laws. 

In addition to this stated detail on the Florida coast, vessels 
belonging to the North Atlantic Station have been sent at different 
times to the various Atlantic ports north of Georgia at the request 
of the Spanish minister and the Department of State, or upon receipt 
of information from the Department of Justice or the Treasury 
Department concerning reported filibustering expeditions. Many 
hundreds of official letters and telegrams record the orders given to 
these vessels and the action had by their commanders. Every ves- 
sel of the American Navy which could practically be employed in 
the shallow waters of the Florida coast has been detailed for this 
work, while for a time two revenue cutters were transferred to 
the Navy Department to assist, besides the efficient and constant 
cooperation of the regularly stationed cutters under the orders of 
the Treasury Department. 

No less degree of activity has marked the operations of the Treas- 
ury Department and the Department of Justice. Every means at 
lawful command has been employed by them in cooperation to 



SPANISH CORRESPONDENCE AND DOCUMENTS. 59 

enforce ihe laws of the United States. Alertness in every regard 
has been peremptorily enjoined upon all officials, high and low, and 
has been sedulously practiced by them. 

In the light of these indisputable facts, and with this honorable 
record spread before him, the President is constrained to the con- 
viction that nothing can be more unwarrantable than the imputation 
by the Government of Spain that the Government of the United 
States has in any wise failed to faithfully observe and enforce its 
duties and obligation as a friendly nation. 

In this relation it may be proper — if not, indeed, imperative — to 
inquire what those obligations are. 

It is to be borne in mind that Spain has so far insisted that a 
state of war does not exist between that Government and the people 
of Cuba, and that Spain is engaged in suppressing domestic insur- 
rection, which does not give her the right, which she so strenuously 
denies to herself, to insist that a third nation shall award to either 
party to the struggle the rights of a belligerent or exact from either 
party the obligations attaching to a condition of belligerency. 

It can not be denied that the United States Government, when- 
ever there has been brought to our attention the fact or allegation 
that a suspected military expedition has been set on foot or is about 
to start from our territories in aid of the insurgents, has promptly 
used our civil, judicial, and naval forces in prevention and suppres- 
sion thereof. So far has this extended and so efficient has my Gov- 
ernment been in this regard that, acting upon information from the 
Spanish minister, or from the various agencies in the employ of 
the Spanish legation, vessels have been seized and detained in some 
instances when subsequent investigation showed that they were 
engaged in a wholly innocent and legitimate traffic. By using our 
naval and revenue marine in repeated instances to suppress such 
expeditions the United States has fulfilled every obligation of a 
friendly nation. Inasmuch as Spain does not concede, and never 
has conceded, that a state of war exists in Cuba, the rights and 
duties of the United States are such, and only such, as devolve upon 
one friendly nation toward another in the case of an insurrection 
which does not arise to the dignity of recognized war. 

As your excellency is aware, these duties have been the subject 
of not infrequent diplomatic discussion between our two Govern- 
ments and of adjudications in the courts of the United States, as well 
during the previous ten years' struggle as in the course of the pres- 
ent conflict. The position of the United States was very fully pre- 
sented by Mr. Fish in his note of April 18, 1874, to Admiral Polo de 
Bernabe (Foreign Relations of the United States, 1875, p. 11 78, 
et seq. ) : 



6o SPANISH CORRESPONDENXE AND DOCUMENTS. 

What one power in such case may not knowingly permit to be done toward 
another power without violating its international duties is defined with sufficient 
accuracy in the statute of 1818, known as the neutrality law of the United States. 

It may not consent to the enlistment within its territorial jurisdiction of naval 
and military forces intended for the services of the insurrection. 

It may not knowingly permit the fitting out and arming or the increasing or 
augmenting the force of any ship or vessel within its territorial jurisdiction, with 
the intent that such ship or vessel shall be employed in the service of the 
insurrection. 

It may not knowingly permit the setting on foot of military expeditions or 
enterprises to be carried on from its territory against the power with which the 
insurrection is contending. 

Except in the single instance to be hereafter noticed, your excel- 
lency does not undertake to point out any infraction of these tenets 
of international obligation so clearly stated by Mr. Fish. 

With equal clearness, Mr. Fish has stated in the same note the 
things which a friendly government may do and permit under the 
circumstances set forth: 

But a friendly government violates no duty of good neighborhood in allowing 
the free sale of arms and munitions of war to all persons — to insurgents as well as 
to the regularly constituted authorities — and such arms and munitions, by which- 
ever party purchased, may be carried in its vessels on the high seas without liability 
to question by any other party. In like manner its vessels may freely carry 
unarmed passengers, even though known to be insurgents, without thereby ren- 
dering the government which permits it liable to a charge of violating its inter- 
national duties. But if such passengers, on the contrary, should be armed and 
proceed to the scene of the insurrection as an organized body, which might be 
capable of levying war, they constitute a hostile expedition which may not be 
knowingly permitted without a violation of international obligations. 

Little can be added to this succinct statement of Mr. Fish. It 
has been repeatedly affirmed by decisions of our courts, notably by 
the Supreme Court of the United States. In the case of Wiborg v. 
The United States, 163 U. S. Reports, page 632, Mr. Chief Justice 
Fuller repeats with approval the charge of the trial court, in which 
it is said (p. 653) : 

It was not a crime or offense against the United States under the neutrality 
laws of this country for individuals to leave the country with intent to enlist in 
foreign military service, nor was it an offense against the United States to trans- 
port persons out of this country and to land them in foreign countries when such 
persons had an intent to enlist in foreign armies; that it was not an offense against 
the laws of the United States to transport arms, ammunition, and munitions of 
war from this country to any foreign country, whether they were to be used in war 
or not; and that it was not an offense against the laws of the United States to 
transport persons intending to enlist in foreign armies and fnunitions of war on 
the same trip. But (he said) "if the persons referred to had combined and organ- 
ized in this country to go to Cuba and there make war on the Government, and 
intended when they reached Cuba to join the insurgent army and thus enlist in its 
service, and the arms were taken along for their use, that would constitute a mili- 
tary expedition, and the transporting of such a body from this country for such a 
purpose would be an offense against the statute." 



SPANISH CORRESPONDENCE AND DOCUMENTS. 6 1 

These principles sufficiently define the neutral duties of the 
United States, which have been faithfully observed at great expense 
and with much care by my Government. If any such military ex- 
peditions have been knowingly permitted to depart, that fact is not 
called to the attention of my Government by your excellency's note. 
My Government is aware of none such. 

The only instance of an alleged culpable expedition mentioned 
in the note of your excellency — if, indeed, it may be termed a mili- 
tary expedition or enterprise within the prohibition of the statute — 
is that of the Silver Heels, which is described as having "left New 
York in spite of the previous notification of His Majesty's legation 
at Washington and before the eyes of the Federal authorities." 
This case was instantly investigated by the superior authority, even 
before any oral complaint in that regard had reached my Govern- 
ment from the Spanish legation. Prompt legal action was taken for 
the arrest and detention of the vessel. The Spanish consul at 
Philadelphia had come to New York, conferred with the United 
States authorities at that city, himself employed legal advice and 
private detectives, and was permitted to supervise and direct the 
methods of procedure. At his request, and against the judgment of 
the United States authorities, the vessel was not seized at her wharf, 
and thereafter succeeded in leaving her pier and getting to sea. 
The Silver Heels would have undoubtedly been apprehended but for 
the officious control of the Spanish agents, whose instructions were 
obeyed in the matter. 

A large part of your excellency's note is devoted to the dis- 
cussion of a hypothetical change of attitude toward the combatants, 
involving the recognition of their belligerency. As my Govern- 
ment, with the largest attainable knowledge of all facts and circum- 
stances pertinent to the case, has not yet determined upon that 
course, I do not see that any useful purpose can be subserved by 
present argument upon the stated premises. 

Neither do I discern the utility of discussing the circumstances 
under which a case might arise for considering and acting upon 
the thesis advanced by your excellency on the authority of the 
argument before the tribunal of Geneva, that it is the duty of a na- 
tion to amend its laws if inadequate for the fulfillment of its inter- 
national obligations of neutrality or to offer any comment thereon. 
The inadequacy of our neutrality laws is not admitted, nor is it 
proved by Spain in the light of the precedent to which appeal is 
had, inasmuch as the doctrine of Geneva was only applicable and 
applied to the case of a public war between recognized belligerents, 
a case which Spain does not concede to exist in the present instance. 



62 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Whatever just and humane measures may attain to a contented 
and recuperative peace in Cuba can not but win our admiration, 
and any progress toward its attainment can not but be benevolently 
viewed. Hn this path of kindly expectancy, and inspired now as 
always by the high purpose of fulfilling every rightful obligation of 
friendship, the United States proposes to persevere so long as the 
event shall invite and justify that course_^ 

I can not better close this reply to your excellency's note than 

by repeating and affirming the words with which I concluded my 

note to the Spanish Government of September 23 last, "That peace 

in Cuba is necessary to the welfare of the people of the United 

States, and that the only desire of my Government is for peace and 

for that sure prosperity which can only come with peace." 

I avail, etc., 

Stewart L. Woodford. 



No. 35. 

The Mmister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram.— Translation.! 

Madrid, January j., iSgS. 
The reconvening of Congress being so near, I should be glad if 
your excellency would briefly transmit to me by cable your views on 
the political situation. 

GULLON. 



No. 36. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, January ^, i8g8. 
Until to-morrow or next day it will not be possible to know what 
attitude the Senators and Representatives bear in returning from 
their districts; but I believe I shall not be mistaken in assuring }'Our 
excellency that the situation has not varied in any way from what I 
have set forth to your excellency — namely, complete abstention from 
our matters. Our situation is bettering every day by this calm, 
since they are becoming less accustomed to discuss the subject. 

DUPUY. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 63 

No. 37. 

TJie Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, January /j, i8g8. 
It is probable that the recent events in Habana, of which your 
excellency will have knowledge, are communicated to the Govern- 
ment and press of the United States with much exaggeration, in the 
endeavor to manufacture out of the slightest friction grounds for 
claims or at best an occasion for constant and noisy clamor. It 
would be well if previously and in an appropriate manner your 
excellency would exert yourself to minimize such influences and to 
show how abhorrent those painful events are to the Spanish Govern- 
ment and its intentions. 

GULLUN. 



No. 38. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.! 

Washington, January 14., i8g8. 
Democratic Senator Cannon, of Utah, has presented a resolution 
asking the President what measures have been taken to protect the 
lives and property of Americans in Cuba. After a brief debate, in 
which the Senator said that he was sure the Spanish authorities had 
sufficient force and would know how to maintain law and order, the 
resolution was passed. 

DUPUY. 



No. 39. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, January 14, i8g8. 
I am informed that the report which all the newspapers adverse 
to us will publish to-morrow is that the occurrence in Habana is 
only the beginning of greater and more serious disturbances, and 
that the authorities will not be able to maintain order. Being fully 
advised by the Governor-General, I have already done much to 
counteract that report. Your excellency will not be blind to the 
importance that the parties shall show in Cuba at this time the 
greatest patriotism, employing their energy against the insurrection 
and leaving themselves free to reconstruct the country and bring 
about peace, laying aside small hatreds and ill feeling. 

DUPUY. 



64 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 40. 

The Minister Pleiiipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, January 14, i8(p8. 
Habana reports have produced little effect in the neighborhood 
of the Government. Lee's dispatches are not alarming, and, unless 
he requests it, no war vessel will be sent, it being untrue that an 
order for its departure has been given. The Journal has published 
an extraordinary sensation that has affected the stock exchange. 
The conservative newspapers try to keep public opinion within 
bounds. Nevertheless, I think it my duty to repeat what I have 
said to your excellency in private letters: the change of sentiment 
has been so abrupt, and our enemies, influenced by it, so numerous, 
that any sensational occurrence might produce a change and disturb 
the situation, it being necessary that there shall be great patriotism 
among the masses and much firmness in Cuba. 

DUPUY. 

No. 41. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, January 14, i8g8. 
Your excellency's telegram of last night has crossed three of 
mine, which have explained the situation to you. The reports from 
Habana have not produced, outside of some extreme newspapers, 
all the effect your excellency feared, but they have produced loss of 
confidence in the future, which had been obtained with so much 
labor. Among the irreconcilable Cubans the occurence has caused 
great rejoicing, acting under the direst illusions, and has produced 
deep disgust among the moderate and those disposed to accommo- 
date differences. For public opinion to be completely tranquil here, 
it is essential that action shall be taken which will prevent a repeti- 
tion of the events just past. 

DUPUY. 



No. 42. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, Jamiaiy 16, i8g8. 

The news from Habana is not improved; if it continues it will 

cause the situation here to change. The sensational press is just 

as it was in the worst period, and the Government and Cabinet, 

although they have said nothing to me, seem to have lost all faith in 



SPANISH CORRESPONDENCE AND DOCUMENTS. 65 

Spain's success, and, to some extent, to have lost tranquillity. Fori 
what it may be worth, I believe it my duty to inform your excel- 
lency that I have just had a conference with the head of staff of the 
Herald, a person of importance here and generally well informed. 
He told me that in view of recent events the President has stated 
that, according to information he has received, autonomy in Cubaj 
has come to nothing; that grave disorders are feared in Habanal^ 
and throughout the island; and that, if the disorders are repeated, 
he had determined to land troops from the war vessels to protect 
the consulate. He asked me what would be done if that occurred. 
I told him that it would mean fighting; that Spain would never 
submit to what was done in Korea and Crete. This may be taken 
as one of many such conversations and inquiries, to which I have 
thus replied. At any event, it indicates a state of things that would 
have been impossible a week ago. The danger is that the President 
or public may be persuaded that a riot in Spain or Cuba could 
overthrow the Spanish Government and change its policy, in which 
case it may believe that it will succeed by a move of force as the 
shortest way out of the difficulty. Without wishing to alarm, I be- 
lieve it my duty to state this. I feel as much confidence as ever, 
but I fear to be made the play of our enemies, and that, in leaving 
the President without a support on which to lean, he may be 
induced to change his policy to our danger. 

Dupuv. 



No. 43. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washi7igton. 

[Telegram. — Translation.] 

Madrid, January ij, iSpS. 
There is neither ground for distrusting the success of autonomy, 
nor would there ever be any justification for the measures and pur- 
poses which, as possible eventualities, the chief of staff of the Herald 
reported to you and which your excellency has very properly con- 
sidered as into.lerable. General Blanco to-day reports that order is 
completely reestablished and yields to his efforts. Without regard 
to what this Government may publish and set forth from here by all 
the means at hand, your excellency will endeavor also to speedily 
make known there, possibly by conference with Day, in order to 
set the matter clear, that the extreme and inadmissible opinions 
given to your excellency b}' the chief of the Herald staff lack even 
the pretext of reason. 

> GULLON. 

S D C 5 



66 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 44. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, January ig, i8q8. 
Replying to the telegram which I received last night, I must 
report to your excellency that if the acute period is past, resulting 
from the events in Habana, the effects are felt yet, as is shown by 
the debate yesterday in the House. The impulse given to jingoism 
must be mitigated. The American Government can not and will 
not now make any statement, because it feels itself powerless to do 
so since a part of the Congressional majority watches in the hope 
that something will be done in favor of the insurgents; in order to 
restrain it, such action has been taken as that of the maneuvers of 
the fleet of the United States, which produces a bad effect over there, 
but which here produces a result favorable to us. I have not thought 
it well either to-day or yesterday to speak with Day, in order to avoid 
a false rumor producing any effect in view of the excited state of 
public opinion. But I have spoken with Senator Hawley, the leader 
of the moderation side of the Senate, who tells me that he continues 
to feel confidence in his colleagues and the President. The worst 
result of the events in Cuba is that, as I have learned privately, it 
appears that General Lee has been influenced by the many Ameri- 
cans in Cuba and has reported to the Government that autonomy 
has failed, the riots of Habana giving a show of truth to that opinion. 

DUPUY. 



No. 45. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, January 20, i8g8. 
I trust that the news from Cuba will aid your excellency to 
dissipate the clouds which, according to your telegram of yester- 
day, obscure your horizon. I look for another telegram from your 
excellency to-morrow, Friday, and I assume that you will avail of 
the first appropriate occasion to intimate to that Government the 
inaccuracy of Consul Lee's reports and the prejudice of his conduct 
constantly, by reason of which we ought, in a reasonable time, to 
ask his transfer. 

GULLON. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 67 

No, 46. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, January 20, i8g8. 
The crisis is passed in Congress. In view of Hitt's speech, whose 
verbosity and extreme views produced the good effect of winning 
over a compact majority, but which has caused a painful impres- 
sion in Spain, I have to-day had a long and important conference 
with Day. I have presented the question to him in all its crudity, 
stating that if the American Government bears itself as we have a 
right to expect, has confidence in the success of the policy of the 
Spanish Government, and at the proper time clearly says that it is 
not aiding and will not aid the insurgents, nor intervene in ques- 
tions belonging to Spain, such policy will be then in accord with 
that of the Government of His Majesty and will very soon result in 
peace in Cuba and the solution of this long and painful conflict. If, 
on the other hand, it continues, as it has up to this time, letting 
itself be swayed by superficial public opinion and believes what 
interested agents say, it is impossible to forecast the consequences. 
He promised to acquaint the President with my statements. I also 
said to him that the only policy that can give results is that the 
President shall clearly state, and cause his agents to state, that the 
policy which Spain follows must triumph, and make the filibustering 
junta understand that they must cease their operations here. There 
is no longer any doubt that the President of the Republic is very i 
much impressed with Lee's statements regarding the failure of 
autonomy. 

Dupuv. 



No. 47. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, January 22^ i8g8. 
Yesterday there was a Cabinet meeting and the report which the 
press gives concerning Cuba is as follows: 

The Cabinet also took up the Cuban question and commented upon the general 
character of the reports which had been received, which are of a pacific tendency; 
the situation can not cause any change in the policy which the United States has 
followed for some time past. 

DUPUY. 



68 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 48. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, January 24^ i8g8. 
I have had a long and important conference with Day, in which 
in the name of the President of the Republic he stated that the 
President has not departed in any way from the attitude set forth 
in the message, which left the Spanish Government in entire liberty 
to develop its policy. 

DUPUY. 



No. 49. 
The Miftister Flenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, January 24., i8g8. 
Since my conference of this morning with Day, the latter went to 
see the President, and by telephone appointed 3 o'clock p. m. for 
me to call. I have just seen him, and he told me that the result of 
our conference and the reports concerning the commercial negotia- 
tions confirmed by Woodford have been so satisfactory that the 
President has determined to send the Maine to Habana as a mark 
of friendship, and the Secretary of the Navy would so state to the 
press. Day has also given a similar statement to the papers. Lee 
will do the same in Habana, and the representative of the United 
States at Madrid. Speaking of the matter. Day said that if Lee had 
requested a vessel for the protection of the lives and property of 
Americans in Habana, naturally one would have been sent; but, 
the occasion for that having passed, the sending of the vessel sim- 
ply as a visit must be taken as an act of friendly courtesy and not 
looked upon in any other aspect; that the President believes it 
has been a mistake not to have had an American war vessel visit 
Cuba in the past three years, because now what is a fresh proof of 
international courtesy is looked upon as a hostile act. The Secre- 
tary of the Navy has given to the press the following statement: 

The rumors which were current yesterday regarding the movements of the fleet 
and disturbances in Habana are far from having foundation. Circumstances have 
become so normal, the situation so quiet, and relations so cardial that our war 
vessels are to renew their friendly visits to Cuban ports, entering and leaving 
those ports to go to ports of other neighboring friendly countries. The first vessel 
to make a visit of this kind will be the Maine. 

DuPUY. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 69 

No. 50. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram.— Translation.] 

Madrid, January 25, 18^8. 
Before reading your excellency's telegram, which I have just 
received, I approved the terms in which you discussed the question 
with Day and commended the comments and protests you made to 
him. [The attitude of that Government does not completely satisfy I 
me, because it does not heed your excellency's request that the out- 
come of autonomy be awaited, nor does it publish its unalterable 
determination to continue in the path of peace, scorning or over- 
coming every agitation to the contrary which may be set in motion. 
Bearing in mind that the evidence of the important acts initiated 
and already realized by the insular government of Cuba is apparent 
to all, the Government of the United States ought to inaugurate 
toward Spain a more considerate, frank, and favorable policy than 
that proclaimed in the Presidential messageT]. Until this happens 
and we are satisfied in regard to Lee, we shall endeavor to maintain 
ourselves as heretofore in the most correct path. Your excellency 
may also state to the United States Government that we esteem the 
declaration published by the Secretary of the Navy, as well as 
the desire to strengthen the cordial friendship which is shown 
by the proposed visit of the Maine and the announcement of other 
visits. We accept these demonstrations of cordiality and courtesy 
to the full extent of their value, and in their evident intention of 
remedying or overcoming the grave injustice planned by various 
speakers of the House. Wishing to reciprocate such friendly and 
courteous demonstrations, we shall arrange also that vessels of our 
squadron may visit the ports of the United States in passing to and 
from the island of Cuba. 

GULLON. 

No. 51. 

The Mitiister Plenipote7itiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, January 25, i8g8. 
From my previous telegrams your excellency will see that we 
have again entered upon a normal situation and, in my view, the 
circumstances are so favorable that anything good that may occur 
will better the situation, as, likewise, it would place us in a difficult 
position should the riots in Habana be repeated. My previous 



70 SPANISH CORRESPONDENCE AND DOCUMENTS. 

telegrams, which I have just re-read, have reflected the situation, 
which was growing worse from day to day. I believe that it would 
be considered absolute weakness, indifference, and neglect did I not 
protest against the propositions attributed to the American Govern- 
ment concerning the ordering of forces, the concentration of vessels 
from all points, and the statements concerning the failure of the 
policy of His Majesty's Government. The firmness with which I 
stated the case, which has fortunately been confirmed by the events 
in Cuba, so essential just now, shows, in my opinion, the certainty 
we have of triumphing and the danger which there would be in 
obstructing this result. 

DUPUY. 



No. 52. 

The Minister Plenipotentiary of the United States to the Minister of State. 

Madrid, January 25, i8p8. 

Excellency: I have received to-day a telegraphic dispatch from 
my Government informing me of the purpose of the United States 
to resume friendly naval visits to Cuban ports; and, in that view, 
the United States vessel Maine will call at the port of Habana in a 
day or two, adding that the consul-general of the United States has 
been informed telegraphically and has been instructed to arrange 
for a friendly interchange of calls with the authorities of Cuba. 

My Government charges me, further, to advise your excellency 
of the friendly visit above indicated. 

I avail, etc., Stewart L. Woodford. 



No. S3. 

The Minister of State to the Minister Plenipotentiary of the United States. 

[Translation.] 

Palace, Jamiary 26, i8q8. 

My Dear Sir: Yesterday I had the honor to receive your excel- 
lency's esteemed note informing me of the telegraphic advice which 
you had received from your Government concerning its purpose to 
resume the friendly naval visits of United States vessels to Cuban 
ports, these visits to begin with the Maine, which is now at Habana. 

The Government of His Majesty, appreciating the friendly 
character which, as your excellency courteousl}^ stdtes, the above- 
indicated visits will have, has determined to reciprocate likewise 
by sending in a short time some of the vessels of the royal navy to 
the principal ports of the Union, in return for the demonstrations 
received and in testimony also of friendly feeling. 

I avail, etc., Pio Gullon. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 7 1 

No. 54. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, January 28, i8g8. 
Last night the annual diplomatic dinner took place. On retiring, L 
to take coffee, the President invited me to sit at a small table with him 
and the English, German, and French ambassadors, although there 
were nine ministers preceding me. When we arose, he approached 
me and said : 

I see that we have only good news; I am well satisfied with what has occurred 
in the House, and with the discipline of the Republicans. You, who comprehend 
this, will understand how strong our position is and how much it has changed 
and bettered in the past year; you have no occasion to be other than satisfied and 
confident. 

This sincere declaration was witnessed by all the foreign diplo- 
mats. 

DUPUY. 



No. 55. 

TJie Minister of State to the Minister Flenipotentiaiy of the United States. 

[Translation.] 

Ministry of State, 
The Falaee, February i, i8gS. 
Excellency: In your excellency's kind and well-weighed note 
dated December 20 last, to which I now have the honor to reply, 
there are many and very diverse statements, causing great and 
special gratification to His Majesty's Government, remarkable for 
their clearness and expressiveness. Among them the following 
deserve special mention: Those recognizing the value and efficacy 
of the new principles applied to the colonial policy; those admit- 
ting the importance and conclusiveness of the information received 
at Washington frorn the Peninsula and Cuba, tending to prove the 
sincerity of Spain's desire and exertions for the improvement of 
conditions and circumstances in that island; and the explicit terms 
in which your excellency is pleased to say that the prosperity of the 
cities and the country there is being prompted by the renewal, under 
the best auspices, of the suspended agricultural and industrial opera- 
tions. The satisfaction, however, derived from these and other 
similar statements, giving eloquent expression to the recognition 
of the irreproachable procedure of Spain, is, to a great extent, 
destroyed or diininished by the blame cast upon the predecessors 



-2 SPANISH CORRESPONDENCE AND DOCUMENTS. 

of the present Government, and still more so by the fact that the 
numerous and incredible excesses committed by the Cuban insur- 
gents are confounded in the same category with the conduct of the 
regular army, which for nearly three years has given proof of its 
valor and discipline in the defense of indisputable rights and in the 
obedient fulfillment of orders and plans emanating from other 

departments. 

Whatever may be the political views of the men constituting the 
present Government of Spain, they can not, without protest, permit 
the severe condemnation passed upon those who preceded them in 
power, as they think that the struggles of parties, or even the 
recriminations which parties may launch at each other in their con- 
stantly recurring daily disputes, should not be judged in the same 
manner from a distance, nor can they consent to a foreign cabinet's 
making use of them as a basis for its arguments or as a foundation 
for its views in its diplomatic relations, as they are, on the contrary, 
domestic matters entirely foreign to the judgment or decision of 
other nations. 

When the present ministers advocated their own doctrines in 
opposition to those of their antagonists; when, in the sessions of 
Parliament, they opposed the colonial policy and the procedure of 
other parties and recommended to their fellow-citizens as more 
conducive to their good their own views, principles, and purposes, 
they never meant to make, nor can they now admit that they did 
make, any accusations concerning the good intentions and purposes 
of their predecessors, who, whatever might be their plans and 
methods, were certainly actuated by the most zealous patriotism. 

As regards the conduct of our army, the note of August 25, 1897, 
must have made it evident to the candid judgment of the Wash- 
ington Cabinet that the Spanish troops have never given occasion 
for reproaches tarnishing, either in a greater or less degree, the bril- 
liant splendor of their history, and that if any acts, judged from a 
distance and separately, have given rise to complaints and lamenta- 
tions on the part of some sensitive and humanitarian spirits, they 
have proved, when investigated subsequently with proper coolness, 
to have been the inevitable consequence of war and a comparatively 
well-restricted object lesson of the calamities and disasters w^hich 
have always accompanied war in all ages and in all countries, not 
excepting the United States, as was shown by references of strict 
historical accuracy in the document to which I have just alluded. 

Another idea which is repugnant to the pleasing and conciliatory 
views to which I have previously alluded is the one which slips out 
in your excellency's note to which I am replying, when you say that 
Spain can only reasonabl}^ expect the United States to maintain its 



SPANISH CORRESPONDENCE AND DOCUMENTS. J 2> 

present attitude until it is proved by facts, within a more or less 
determined period, whether what your excellency calls the indis- 
pensable requisites to a peace both just to the mother country and 
the Great Antilla, and fair to the North American Republic, have 
been attained. The more deliberate, the more explicit, and the 
more positive the declarations with which your excellency asserts 
the disinterestedness and impartiality of your Government, the more 
positive and emphatic your declaration that the United States de- 
sires only the reign of peace, and the more expressive and earnest 
the congratulations with which you admit that the Spanish Govern- 
ment has drawn the plans and laid the foundations of a noble 
structure in Cuba, so much the less justifiable and so much less 
intelligible is the hint to which I have referred. 

The Spanish Government assuredly did not admit that reasons 
of proximity or damages caused by war to neighboring countries 
might give such countries a right to limit to a longer or shorter 
period the duration of a struggle disastrous to all, but much more so 
to the nation in whose midst it breaks out or is maintained, as your 
excellency voluntarily admits. My note of October 23, referring to 
this point in general terms, proved perfectly clear that, in view of 
the varied and close relations between modern nations, a disturbance 
arising in any of them may justify the adjoining nations in express- 
ing their anxiety for peace and in offering friendly suggestions, but 
never and under no circumstances foreign intrusion or interference. 
Such interference would lead to an intervention which any nation 
possessing any self-respect would have to repel by force, even if it 
were necessary to exhaust, in the defense of the integrity of its 
territory and of its independence, all — absolutely all — the resources 
at its disposal. 

Spain would act upon these honorable principles — the only ones 
consistent with the national dignity — just as the United States nobly 
acted upon them when, in 1861, it feared that an attempt would be 
made to exert an influence by foreign intervention in the domestic 
struggle which it was then carrying on. The instructions to that 
effect sent by Mr. Seward, the Secretary of State, to Mr. Dayton, 
the minister in Paris, on the 22d of April, 1861, will serve as a guide, 
and will constitute a notable example for all countries which, like 
Spain, value their honor above all else, even to (the execution of) 
the declared purpose to "struggle with the whole world" rather 
than yield to pressure from without. (Presidents' Messages and 
Documents, 1861-65, p. 200.) When I say that the Government of 
Spain appropriates, on this occasion, Mr. Seward's lofty views, it 
will be sufficiently clear how deeply rooted in (the minds of) the 
Ministry of which I form a part is the conviction that the United 



74 SPANISH CORRESPONDENCE AND DOCUMENTS. 

States, where such words have been written, will not fix a period 
for the termination of the present Cuban insurrection. 

If such a limitation of the legitimate and immutable national 
sovereignty could not be permitted at any time, it must be expected 
less than ever when a fortunate concurrence of circumstances has 
enabled the present Cabinet of Madrid, while voluntarily fulfilling 
its engagements and carrying out, when in power, the colonial policy 
which it advocated when in opposition, to execute the wishes of the 
loyal inhabitants of Cuba, and to comply with those suggestions 
which the United States Government has offered repeatedly and 
officially as the expression of its desire or as its advice as a friend. 
Under these circumstances, and w^hen the genuineness and excel- 
lence of the radical reforms granted to Cuba — which reforms have 
constituted, as it were, a new and most equitable body of law, the 
maximum of powers and initiatives to which a free colony, the mis- 
tress of its own fate, can aspire — are candidly recognized; when, in 
the face of innumerable difficulties, these radical reforms have been 
carried into effect, and when an autonomous government of its own 
is to-day performing its functions in the Great Antilla ; when the 
advantages of this immense change begin to make themselves felt, 
it is certainly not the time for the United States Government to 
substitute for its former offers of its good offices hints of a change 
of conduct in the event of more or less remote contingencies, and to 
base this notification of its change not only upon the contingency 
of a material success, a success as independent of right as of the 
conduct of the party advocating the right, but upon its own estimate 
of the success itself, an estimate made in accordance with the 
opinion of any on« who, at a given time, may wish to decide upon 
it without any other guide than his own will, and without any 
more impartiality than is imposed upon him by his observations or 
surroundings. 

(At the time) when the expressive congratulations of the Wash- 
ington Cabinet have been earned by our innovations; when the civil 
struggle in the island of Cuba is adapting itself to the most modern 
and humane conditions and character consistent with an active state 
of war, as your excellency fully and nobly admits; when, in short, 
even the obligations of a moral order that the most jealous preju- 
dice can require have been fulfilled by Spain with the most scrupu- 
lous fidelity and of her own accord, there remains no reason or 
pretext for now discussing the duration of that stYuggle, which is 
of an exclusively domestic nature, nor for making the conduct of 
friendly nations dependent upon such duration, even if the progress 
made in overcoming the insurrection were not so evident, and if the 
hopes of a speedy pacification were not so well founded. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 75 

The remarkable consideration with which His Majesty's Govern- 
ment constantly entertains the views and doctrines of the United 
States Government does not suffice to induce it to accept, now or at 
any future period, the theory which your excellency is pleased to 
propound with regard to international duties, in the case of intestine 
rebellions, in repetition of the views expressed years ago by the 
illustrious Secretary of State, Mr. Fish. The Spanish Government 
can not consent to attach so little weight to international friendship 
as to render that rebellion between nations almost entirely destitute 
of mutual obligations, the duties which it imposes being regarded, 
in every case, as very inferior to those which are derived from 
neutrality. 

This Government is of opinion, on the contrary, basing its views 
upon considerations of eternal ethics, that a true friend, both in the 
private order of private relations and in the public order of inter- 
national relations, has more conventionalities to observe and more 
duties to fulfill than a neutral or indifferent person; and that the 
friendship which is founded upon international law obliges all 
states, to use the words of the famous South American publicist 
Calvo, not only to prevent their own subjects from causing injury 
to a friendly country, but to exert themselves to prevent any plots, 
machinations, or combinations of any kind tending to disturb the 
security of those states with which they maintain relations of peace, 
friendship, and good harmony from being planned in their territory. 

International law does not merely oblige states to prevent their subjects from 
doing anything to the detriment of the dignity or interests of friendly nations or 
governments; it imposes upon them, in addition, the strict duty of opposing, within 
their own territory, all plots, machinations, or combinations of a character to dis- 
turb the security of countries with which they maintain relations of peace, friend- 
ship, and good harmony. (§1298, Vol. Ill, p. 156.) 

This is the meaning of international friendship as defined by 
Montesquieu, when he said that nations ought to do each other as 
much good as possible in peace and as little harm as possible in war. 
(Spirit of Laws, Vol. I, p. 3.) And it is the meaning given by Fiore 
in the following words: 

Every state should refrain from ordering or authorizing, in its own territory, 
acts of any kind tending, directly or indirectly, to injure other states, even when 
it is not obliged to do so by laws or treaties. (Ch. II, § 59^-) 

It is upon this view of international friendship that the Spanish 
Government bases its opinions with regard to the extension of the 
obligations arising or derived from such friendship in the inter- 
course of civilized nations, and hence the request which it has 
addressed to the Washington Cabinet on numerous occasions to 
prevent, with a firm hand, the departure of filibustering expeditions 



76 SPANISH CORRESPONDENCE AND DOCUMENTS. 

against Cuba, and to dissolve or prosecute the junta which is sitting 
publicly in New York and which is the active and permanent center 
of attacks upon the Spanish nation, and which, from the territory 
of the Union, is organizing and maintaining hostilities against a 
country which is living in perfect peace with the United States. 

His Majesty's Government could not, nor should it, analyze the 
language of the law of 1818, as it regards it as a law of a domestic 
or municipal character, the scope of which it appertains to the 
Federal Government alone to determine. All that it permitted 
itself to do, in the name of the friendship declared by the treaty of 
1795, and which has been confirmed by practical demonstration 
through many years and many tests, was to suggest the means of 
rendering real and effectual those obligations which are derived 
from true friendship, such as the Spanish Government understands 
it, either by the publication of a proclamation of the same nature 
and as emphatic as those which illustrious predecessors of the illus- 
trious President, Mr. McKinley, thought themselves called upon to 
publish under similar circumstances, or by the severe application of 
the regulations in force, or by their amendment or enlargement, as 
occurred in the act of March 10, 1838. 

Nor could His Majesty's Government refer to the duties of neu- 
trality, as it maintains with the same vigor as ever its well-founded 
assertion that there is no reason, nor even a semblance of reason, to 
justify a recognition of belligerency in the Cuban insurrection. All 
its remarks have been directed to the duties imposed by neighbor- 
hood and international friendship, and when it has mentioned the 
decision of the Geneva arbitration it did so merely as a comparison; 
for, if diligence must be used in the discharge of the duties of neu- 
trality, as was decided there, no less diligence should be required in 
the discharge of the duties of friendship; and if defects in the laws 
can not be offered as an excuse in the case of the former, it would 
be unreasonable to admit them in the case of the latter. 

The undersigned and the Government of which he forms part 
take sincere pleasure in recognizing the fact, as they do with genuine 
gratitude, that the watchfulness exercised during the last few months 
along the extended coasts of America has been more effectual 
than formerly in preventing the departure of filibustering expedi- 
tions. He is also pleased to find a reason for gratitude to the 
Federal Government in the skillful organization which it has given 
to its naval forces, in order to prevent illegal aid being sent to the 
Cuban rebels from the coast of Florida. Both facts prove the 
power and the means at the disposal of the North American Gov- 
ernment for the fulfillment, with due energy and promptness, of the 
obligations of international friendship. 



SPANISH CORRESPONDENCE AND DOCUMENTS. ']'] 

We can not, however, notice with indifference that there con- 
tinues to be acting in New York an organization composed chiefly 
of naturalized North Americans who, notwithstanding, do not wish 
to imbibe the spirit of their recently acquired nationality nor the 
atmosphere of honor and friendship in which their Government 
breathes; who violate the laws of their new country and abuse the 
liberty granted them there by conspiring against the country in 
which they were born, thereby creating a state of hostility which 
disturbs the intimate and cordial relations which have so long been 
maintained between Spain and the United States. The principles 
upon which eternal law reposes, as much or more than law itself, 
demand the prompt suppression of that public center of conspiracy, 
from which every oversight is watched and every legal subterfuge is 
made use of to violate the so-called neutrality laws of the Republic 
of North America, for friendly nations have seldom or never been 
seen to tolerate in their midst organizations whose chief object, or 
rather whose only mission, consists in plotting against the integrity 
of the territory of another friendly nation. 

The Spanish people and Government, relying upon their rights, 
and with the firm resolution to maintain their legitimate and tra- 
ditional sovereignty in the island of Cuba at every hazard, without 
sparing their exertions or limiting their perseverance, hope that the 
United States will not only continue to observe the kindly expect- 
ancy to which your excellency refers, but that she will also cooper- 
ate by the means already mentioned and other similar ones within 
her own borders in the work of peace, justice, and autonomy which 
Spain is now carrying out with so much self-denial and persever- 
ance, and that the United States will thus prove by more and more 
open and effectual acts the friendship which actuates her relations 
to Spain, by which course she will completely discourage the sedi- 
tious and restless elements which are still sustaining the rebellion 
in the Great Antilla, and which are only awaiting the result of a 
possible collision between our two respective countries, which are 
called by self-interest and affection to be on good terms and to 
assist each other in the noble enterprises of peace, and not to wound 
and destroy each other in the cruel struggles of war. 

The island of Cuba, as Mr. Olney freely admitted in an official 
note, has its life and its future bound to those of its mother country, 
Spain, and the act of conspiring against the perpetual union of the 
Pearl of the Antilles and the historical discoverer of the American 
continent not only reveals destructive purposes, but also involves a 
hopeless attempt. Cuba free, autonomous, ruled by a government 
of her own and by the laws which she makes for herself, subject to 
the immutable sovereignty of Spain, and forming an integral part of 



78 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Spain, presents the only solution of pending problems that is just 
to the colony and the mother country, the denouement longed for 
by the great majority of their respective inhabitants and the most 
equitable for other states. It is only in this formula of colonial 
self-government and Spanish sovereignty that peace, which is so 
necessary to the Peninsula and to Cuba and so advantageous to the 
United States, can be found. The Government of the Union knows 
this and can contribute powerfully to the attainment of the end in 
view by acting in accordance with what I have had the honor to 
say to your excellency. It will certainly do this, because justice 
is revered in the United States, and because the North American 
Republic, in conformity with its traditional principles of respect 
for the wish of countries to organize themselves as may best suit 
them, must finally admit, by acts and by declarations, that the 
Cuban people have a perfect right not to be disturbed by anyone, 
and not to have any power, near or distant, oppose their honorable 
and peaceful wishes, by lending aid to a turbulent minority who 
subordinate the interests of the immense majority of their country- 
men to their own selfish purposes. 

So long as the Spanish Antilles did not enjoy the right to govern 
themselves autonomically it might have been thought, though 
wrongly, that this minority represented the general views of the 
masses, and in the case of such a h3'pothetical error there would be 
some excuse, if not justification, for a certain amount of tolerance; 
but now, when the state of affairs has been cleared up, and when it 
has been made evident by the introduction of autonomy that the 
most estimable inhabitants of the island desire peace under this 
system, which is as liberal as they could wish, this moral and 
physical compulsion, exerted by revolutionary organizations which 
are laboring freely in the United States for an absurd, unattainable 
separation, contrary to right and to the interests of all, ought to 
cease entirely and without loss of time. Its continuation would be 
a violation of the liberty which is the very essence of the social and 
political S3^stem of North America. 

It is impossible to see in the noble work of peace which has been 
nobly and generously undertaken in Cuba, as your excellency very 
truly remarks, a sudden creation which can arise in a single night; 
it must be regarded as a lasting and noble structure, which, to use 
your excellency's eloquent words, would be founded upon the rock 
of justice, not upon the moving sands of self-interest, and which, for 
its more rapid development, requires the cooperation of friends and 
the most scrupulous respect of foreigners. 

I avail, etc., Pio Gullon. 



SPANISH CORRESPONDENCE AND DOCUMENTS, 79 

No. 56. 

The Under Minister of State to the Minister Plenipotetitiary of His 
Majesty in Washington. 

[Translation.] 

Madrid, February /, iSp8. 
Excellency: By royal order communicated by the Minister of 
State for the due information of your excellency, and in strict con- 
fidence I inclose copy of the note which the minister plenipotentiary 
of the United States addressed to this Ministry under date of the 
20th of December, and copy of the reply under to-day's date. 
Dios, etc., 

Jose G. de Aguera. 



No. 57. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, February ^, i8g8. 
I request your excellency to communicate anything touching the 
movement of vessels, charging yourself to obtain on this subject 
data and full information, having recourse not only to your official 
position, but also to any personal means. At the same time I desire 
that, in an appropriate way and supplementing your personal views, 
you express on convenient occasion how much surprise has been felt 
by the European press and public on account of the activity and 
apparent concentration of naval forces of the United States in waters 
adjacent to Cuba and Spain. 

GULLON. 



No. 58. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, February 7, i8g8. 
The opinion of various persons whom I have consulted in the last 
few days is that the movement of the American vessels has no other 
purpose than for its effect upon the jingoes, as is proved by the 
steadiness and security of the market and of the votes in Congress 
yesterday and within the past few days, refusing increase of cost for 
fortifications, armament, and munitions, and decreasing the appro- 
priations asked by the Executive for that purpose. I continue in 



I 



8o SPANISH CORRESPONDENCE AND DOCUMENTS. 

the belief that there was a moment when this Government believed 
that the Spanish regime in Cuba would not succeed; but as Lee's 
predictions have failed, it is regaining faith and confidence. I am 
investigating the motive— if there is one — for the maneuver of the 
vessels. Now, and since the departure of the Brooklyn for St. Thomas 
and Colombia, it is reported that the Maine, with the Texas, will 
leave for New Orleans next week, a small cruiser taking the place 
of the former in Habana. The fleet at Lisbon will proceed to the 
north of Europe as soon as the admiral, who will substitute the 
present one, takes command. 

DUPUY. 



No. 59. 

The Minister of State to the ambassadors of His Majesty in Paris, Berlin, 
London, Vienna, Rome, and St. Petersburg. 

[Telegram. — Translation.] 

Madrid, February 8, i8g8. 

The official situation with the United States is almost the same 
as it was ten days ago, but the display and concentration of naval 
forces near Habana and in the waters near the Peninsula (Spain), 
and the persistency with which the Maine and Montgo?nery remain 
in the Greater Antilles, are causing increasing anxiety, and might, 
through some mischance, bring about a conflict. 

We are trying to avoid it at any cost, making heroic efforts to 
maintain ourselves in the severest rectitude. 

GULLON. 



No. 60. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, February 8, i8g8. 
The Journal will state to-morrow that it has a letter which I 
wrote to Senor Canalejas a few days after the message of McKinley, 
in which, in stating my opinion, I used expressions humiliating to 
the President of the Republic. The Journal claims that this letter 
was lost by Senor Canalejas and got into the possession of the junta. 
I believe he never received it, and that it was gotten hold of in 
Habana. At all events, although I do not remember the terms, it 
may be true, and my position here would be untenable. I notify 
your excellency in order that you may decide upon the course best 
for the Queen and Spain, without considering me in any way. 

DuPUY. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 8 1 

No. 6i. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, February p, i8gS. 

The letter (has been) published in the Journal. The Assistant 
Secretary of State, Mr. Day, has been to see me to ask if the letter 
was mine. I have replied that it was, and that, as minister from 
Spain, I could say nothing, but claiming right to express my opinion 
privately, as, with such frequency and less discretion, the American 
agents have done. 

My position, you will see, can not be what it was before; I do 
not believe I can continue here. 

The Department of State has given out a statement to the 
press that Woodford will communicate with the Government of His 
Majesty. 

Dupuv. 



No. 62. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, February 10, i8g8. 

The Council of Ministers, having read your telegrams, the 
authenticity of the letter addressed to Senor Canalejas being con- 
firmed by your excellency to the Assistant Secretary of State, and 
your excellency also recognizing the impossibility of your continu- 
ance in the office which you have so zealously filled, has just 
accepted the resignation presented a second time by your excel- 
lency, deciding at the same time that the first secretary shall have 
charge of the legation ad interim. 

In regretfully communicating to your excellency this now una- 
voidable decision, and deeming that your excellency can not remain 
in Washington many hours, I desire you to give to Du Bosc the most 
detailed instructions possible, particularly touching the commercial 
treaty and other pending matters, in order that he may be the better 
able to discharge his ad interim duties. I again assure your excel- 
lency of the sorrow with which, for reasons relating solely to your 
excellency and independent of the control of the Government, I find 
it necessary to part with the services which your excellency had 
been rendering under difficult circumstances. 

In accordance with your excellency's urgent initiative in view 
of recent incidents, and before any manifestation on the part of the 
s D c 6 



82 SPANISH CORRESPONDENCE AND DOCUMENTS. 

United States Government could be provoked, the acceptance of 
your excellencj^'s resignation was adopted and communicated to the 
representative of the United States. 

GULLON. 



No. 63. 

Note verbale delivered by the Minister Plenipotentiary of the United States 

in Madrid. 

February 10, 1898. 
Excellency: With the sincerest regret I read to your excellency 
the following dispatch which I received to-day from my Government 
in Washington: 

[Telegram.] 

Department of State, 

lVashi7igton, February g, i8g8. 

There has appeared in the public prints a letter, addressed early in December 

last by the Spanish minister to Mr. Canalejas, and which the minister admits was 

written by him. It contains expressions concerning the President of the United 

States of such character as to end the minister's utility as a medium for frank and 

sincere intercourse between this country and Spain. You are, therefore, instructed 

to at once say to the Minister of State that the immediate recall of the minister is 

expected by the President. 

Day, Acting. 

I shall communicate at once to my Government by telegraph the 
reply which your excellency may be pleased to give me. 



No. 64. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, February 11, i8g8. 

I have just turned over the legation to the first secretary, 
Du Bosc, who will act as charge d'affaires. 

In taking my official leave of your excellency, I thank you for 
your kindnesses and express every wish for the well-being of the 
King and the country. 

DUPUY. 



No. 65. 

The Minister Plenipotentiary of the United States to the Minister of State. 

No. 63.] Legation of the United States, 

Madrid., February 14, 18^8. 
Excellency: On the afternoon of last Thursday, the loth day 
of Februar}'^, and after the adjournment of His Majesty's Council of 



SPANISH CORRESPONDENCE AND DOCUMENTS. 83 

Ministers, I had the honor to call upon your excellency and to read 
to you a copy of a telegram which I had received that morning 
from my Government, and which related to a letter written by the 
Spanish minister at Washington. I then stated that I would com- 
municate to my Government at once by telegraph such answer as 
your excellency might make, and I left with you a copy of such 
telegram and statement. I understood your excellency to reply 
that the Spanish Government sincerely regretted the indiscretion 
of the Spanish minister at Washington, and that his resignation had 
been asked and accepted by cable before our then interview. 

I telegraphed to my Government at once that the resignation 
had been asked and accepted by cable before our then interview. 

It is possible that I misunderstood your excellency in what was 
said about the minister's resignation having been asked by your 
Government. 

It is now the fourth day since I had the honor of calling upon 
your excellency, and I have not yet had the satisfaction of receiving 
any formal indication that His Majesty's Government regrets and 
disavows the language and sentiments which were employed and 
expressed in such letter addressed by the Spanish minister at 
Washington to a distinguished Spanish citizen. 

It is my hope and pleasure to believe that the Spanish Govern- 
ment can not have received the text of the letter written by Senor 
Dupuy de Lome to Senor Canalejas, in regard to which I called 
upon your excellency last Thursday, and it therefore becomes my 
duty to acquaint your excellency with the following extracts from 
such letter, which are notably objectionable to my Government: 

First: 

El mensaje ha desengaiiado d los insurrectos que esperaban otra cosa y ha 
paralizado la accion del Congreso, pero yo lo considero malo, ademas de la natural 
e inevitable groseria con que se repite cuanto ha dicho de Weyler la prensa y la 
opinion en Espana demuestra una vez mis lo que es McKinley debil y populachero 
y ademas un politicastro que quiere dejarse una puerta abierta y quedar bien con 
los jingoes de su partido. 

Second : 

Seria muy importante que se ocuparan, aunque no fuera mas que para efecto 
de las relaciones comerciales yque se enviase aqui un hombre de importancia para 
que yo le usara aqui para hacer propaganda entre los senadores y otros en 
oposicion a la junta y para ir emigrantes. 

The last word before "emigrantes," and which I have indicated 
by a dash, is almost illegible. 

I beg to point out to your excellency the insulting character of 
the first passage and the insincerity which underlies the suggestions 
of the second. 

I avail, etc., Stewart L. Woodford. 



84 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 66. 

The Minister of State to the Minister Plenipotentiary of the United States. 

[Translation.] 

No. 13.1 Ministry of State, 

Palace^ February 75, i8g8. 

My Dear Sir: There is, in fact, as your excellency yourself sus- 
pects, an error or misunderstanding, little surprising in truth, in the 
references to our brief conversation of Thursday, the loth instant, to 
which your excellency alludes in the note which I had the honor 
to receive yesterday. 

After your excellency read to me the telegram transmitted by 
your Government, and an exact copy of which you were kind enough 
to leave with me, when you asked me to indicate to you the opinions 
and intentions of the Cabinet of Madrid concerning the facts men- 
tioned in the same dispatch, I replied solely that the Spanish Gov-, 
ernment, like that of Washington, and like your excellency, with 
entire sincerity lamented the incident which was the cause of our 
interview; but that, while considering it and measuring its real 
significance, Sefior Dupuy de Lome had already solved it by pre- 
senting the resignation of his charge, which the Council of Ministers 
had just accepted. 

To this clear declaration I understood that I should limit my 
reply, because, in fact, the Spanish Ministry, in accepting the resig- 
nation of a functionary whose services they had been utilizing and 
valuing up to that time, left it perfectly well established that they 
did not share, and rather, on the contrary, disauthorized, the criti- 
cisms tending to offend or censure the chief of a friendly State, 
although such criticisms had been written within the field of personal 
friendship and had reached publicity by artful and criminal means. 

This meaning, which was involved and could not help being 
embodied in a resolution of the Council of Ministers adopted before 
I had the pleasure of receiving your excellency when the Govern- 
ment of Spain only in a general way, by vague telegraphic reports, 
learned the sentiments alluded to, is naturally the proper meaning 
which tlie Spanish Ministry, with equal or greater reason, gives to 
the decision referred to, after reading the words which your excel- 
lency copies in Spanish in the first of the two paragraphs which your 
courteous note transmits to me. 

As regards the second paragraph which the same communication 
of your excellency almost literally reproduces, the Government of 
which I form a part is profoundly surprised that a private letter, 
dated, as it appears, on a day relatively distant, and the opinions of 
which can not properly be formed now, subsequent to recent agree- 
ments, can be invoked nov merely on account of the significance of 



SPANISH CORRESPONDENCE AND DOCUMENTS. 85 

the signature as a germ of suspicion and doubt as opposed to the 
unanswerable testimony of simultaneous and subsequent facts. 

The present Spanish Government, before and after the date indi- 
cated, with respect to the new colonial regime and the projected 
treaty of commerce gave such evident proofs of its real designs and 
of its innermost convictions that it does not now consider compati- 
ble with its prestige to lay stress upon or to demonstrate anew the 
truth and sincerity of its purposes and the unstained good faith of 
its intentions. 

Publicly and solemnly it contracted, before the mother country 
and its colonies, the responsibility of the political and tariff changes 
which it has inaugurated in both Antilles, and the natural ends 
of which in the domestic and international spheres it pursues with 
that perseverance and firmness at which it aimed from the beginning 
and which in the future must inspire its entire conduct. 
I avail, etc., 

PlO GULLON. 

No. 67. 

The Minister Plenipotentiary of the United States to the Minister of State. 

Legation of the United States, 

Madrid, February ip, i8g8. 
My Dear Sir: On receiving, on February 16 instant, your cour- 
teous note dated February 15, I translated it at once into English 
and telegraphed the complete text to my Government. 

To-day I am in receipt of telegraphic dispatch from the State 
Department at Washington directing me to inform your excellency 
that your note closes satisfactorily the incident raised by the pub- 
lication of the private letter from the late minister of Spain at 
Washington. 

I am further directed to assure your excellency of the gratifica- 
tion felt by my Government at your frank statements, which my 
Government had from the outset confidently expected. 
I avail, etc., 

Stewart L. Woodford. 



No. 68. 

The Minister of State to the Charge d' Affaires of Spain in Washington. 

[Telegram. — Translation.] 

Madrid, Februaty 16, i8g8. 
Please express to the Secretary of State the profound feeling of 
the Spanish Government over the catastrophe to the Maine. 

GULLON. 



4 



86 SPANISH CORRESPONDEAXE AND DOCUMENTS. 

No. 69. 

The Charge d 'Affaires of Spaifi to the Minister of State. 

[Telegram. — Translation.] 

Washington, February 16, i8q8. 

The Captain-General of Cuba wired me at daybreak of the ex- 
plosion on the Maine. I went to the State Department at 3 o'clock 
and informed the Secretary of the telegram, in which the help of 
all classes is offered by the Habana authorities. At the same time 
I expressed my deep sorrow. Before going to the Department I 
gave the report to the press, in order that it might appear in the 
papers, and advised Day what I had done, reaching an understand- 
ing with him to employ the same expressions. 

In all official circles the conviction is felt that the catastrophe on 
the Maine was purely accidental, and one member of the Cabinet has 
expressed that feeling. The filibustering press is accusing, however. 
The English and French ambassadors have formally communicated 
the condolence of their Governments. 

The cruiser Montgomery, which was in Jamaica, should arrive at 
Santo Domingo to-day en route for Key West. 

Du Bosc. 



No. 70. 
77^1? Minister of State to the Charge d' Affaires of Spain in Washington. 

[Telegram. — Translation.] 

Madrid, February 77, i8g8. 

I am gratified that in official circles there the real character of 
the lamentable disaster of the Maine is recognized, ignoring the 
miserable calumnies which our enemies are now trying to circulate. 

I charged you yesterday to express, in the name of our Govern- 
ment, condolence to the Government of the United States, and I 
now direct you to also express to the President assurance of the 
sorrow of Her Majesty the Queen Regent for the unhappy casualty 
to the American vessel and crew in Spanish waters. 

GULLON. 



No. 71. 
The Charge d' Affaires of Spain to the Minister of State. 

[Telegram. — Translation.] 

Washington, February 18, i8g8. 
On receiving the telegram from your excellency, I wrote to Mr. 
Day, to consult with him concerning the manner in which I could 



SPANISH CORRESPONDENCE AND DOCUMENTS. 8/ 

comply with your excellency's instructions. The President set an 
interview for 10.30 this morning, at the White House, Mr. Day 
accompanying me thither. After the usual courteous greeting, etc., 
I said to the President: 

Mr. President, I have received instructions from the Minister of State to tender 
to your excellency assurance of the sympathy of Her Majesty the Queen Regent of 
Spain, my august sovereign, upon the unhappy casualty to American vessel and 
crew in Spanish waters. 

The President replied: 

I beg you, Senor Du Bosc, to inform Her Majesty the Queen Regent of my 
sincere appreciation of her kind expressions of sympathy, on account of this great 
loss which the American people have suffered. 

The Navy Department has given a notice to the public to-day, 
drafted by Professor Alge, a Prussian — one of the principal experts 
of the Department — in which it is said that the explosion of the 
Maine could in no way have resulted from a torpedo or exterior 
force. The captain of the Mai?ie has telegraphed that the kindness 
and courtesy shown to him and the crew in Habana are unexcelled. 

The Associated Press has circulated in the newspapers all kinds 

of exaggerations and inaccuracies. 

Du Bosc. 



No. 72. 
The Minister Plenipotentiary of the United States to the Minister of State. 

February 18, 1898. 

My Dear Sir: I am to-day in receipt of a dispatch from the 
American Secretary of State informing me that the Spanish charge 
d'affaires at Washington has presented a telegraphic message of 
condolence from His Majesty's Government to that of the United 
States, and I am instructed to convey at once to your excellency the 
deep appreciation which the President, the Government, and the peo- 
ple of the United States feel for this generous tribute to the memory 
of the many who perished in the destruction of the United States 
battleship Maine and for this manifestation of sympathy with the 
American people in their grief. 

I trust that your excellency will permit me to add my own sin- 
cere expression of gratitude for the many and heartfelt expressions 
of sympathy which have come to me from the Government and the 
people of Spain in this great sorrow. 

I avail, etc., Stewart L. Woodford. 



88 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 73. 

The Charge d 'Affaires of Spain to the Mmister of State. 

[Telegram. — Translation.] 

Washington, February 2j, i8g8. 

Although the reports of the news agencies and correspondents 
are greatly exaggerated concerning military and naval preparations, 
there is, nevertheless, as great activity in the arsenals of the country 
as is allowable without previous authorization by Congress. A 
resolution has passed the Senate granting $10,000,000 for fortifica- 
tions, and another for an increase of two regiments of artillery 
which the military experts have been asking for years but without 
(Success until now. But aside from the belligerent feeling, I observe 
fin the Administration a certain apprehension. 

Du Bosc. 



No. 74. 

The Charge d 'Affaires of Spain to the Minister of State. 

[Telegram. — Translation.] 

Washington, Februa?y 25, i8p8. 

Alarming reports from Cuba, received yesterday afternoon, to 
the effect that the catastrophe of the Maine was caused by a subma- 
rine mine, have stirred up the greatest agitation until even the most 
important and conservative men have lost their heads. 

In a long interview which I had yesterday with Day, he assured 
me that no report from Habana had been received within the past 
twenty-four hours. 

All await with feverish anxiety the American official report. If 
it declare that the catastrophe was due to an accident, I believe I 
can assure your excellency that the present danger will be over; 
but if, on the contrary, it alleges that it was the work of a criminal 
hand, then we shall have to face the gravest situation. 

Du Bosc. 



No. 75. 

The Minister of State to the Charge d 'Affaires in Washington. 

[Telegram.— Translation.] 

Madrid, February 26, i8g8. 
The newspapers and agencies continue to show the President 
and his Government as perplexed and inclined to incomprehensible 



SPANISH CORRESPONDENCE AND DOCUMENTS. 89 

apprehensions or to a proposed attitude very different from that 
heretofore maintained, and regarding the firmness and correctness 
of which Woodford carefully sustains even at this time. 

General Blanco will send you the report of the Maine, which will 
show the catastrophe was due to an interior accident. 

You should endeavor to counteract the rumors and calumnies of 
the filibusters and correct sensational public opinion. 

Senor Polo de Bernabe, appointed the new minister to the United 
States, leaves to-day for Gibraltar, from where he will sail on 
Monday. 

GULLON. 



No. 76. 

Tke Charge d' Affaires of Spain to the Minister of State. 

[Telegram.— Translation.] 

Washington, February 27, i8g8. 
Complying with the instructions of the Governor-General of 
Cuba, to endeavor to get permission for the Spanish divers to 
examine the wreck of the Maine with the Americans and submit an 
official record, I have been successful in having instructions sent 
to-day to Sigsbee and Lee to afford facilities to the Spanish divers 
to examine the wreck, but independently from the Americans; 
inasmuch as this Government believes it will produce a better effect 
on public opinion here to have the Spanish and American reports 
published separately, although it believes and hopes that both will 
be identical in all essential points. 

Du Bosc. 



No, 77, 

77/1? Minister of State to the Charge d 'Affaires of Spain in Washington. 

[Telegram. — Translation.] 

Madrid, March j, i8g8. 
The sending of relief to the reconcentrados in two American war 
vessels and to two ports of Cuba would be, at this time, a very 
grave act, which would cause immediate complications. Without 
regard to what I may say to Woodford this afternoon, you will set 
forth also to the Assistant Secretary of State the transcendent 
injustice of the projected expedition, and endeavor earnestly to 
prevent it. 

Gull6n. 



90 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 78. 

The Charge d 'Affaires of Spain to the Minister of State. 

[Telegram.— Translation.] 

Washington, March 6, i8g8. 
I have the satisfaction of reporting to your excellency that this 
Government has abandoned the purpose of sending war vessels to 
carry succor to Cuba. Mr. Day has orally informed me of this 
resolution, and inquires if it would be unobjectionable to send the 
supplies on the advice boat Fern, which is now in Habana. I 

replied that I saw no objection. 

Du Bosc. 



No. 79, 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, March 10, i8g8. 
I have just arrived and taken charge of my post. To-morrow, 
at the earliest moment, I shall see the Secretary of State. Yesterday 
the Congress voted unanimously an appropriation of $50,000,000 
for armament. In spite of the supremeness of this measure, the 
situation at the moment appears more tranquil, while still of unde- 
niable gravity. The impressions I have received cause me to fear, 
nevertheless, that the report of the Maine and the reports of the 

consuls may stir up dangerous incidents. 

Polo. 



No. 80. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

London, March 10, i8g8. 
A telegram from New York has been sent here that the English 
ambassador in Washington has stated to the President of the United 
States that if a conflict occurs with Spain England would join in it. 
This the Under Secretary for Foreign Affairs denied to me cate- 
gorically, and also did so in the House of Commons to-day. 

Rascon. 



No. 81. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, March 11, i8g8. 
The Secretary and Assistant Secretary of State have received me 
in the most cordial manner, expressing friendly sentiments toward 



SPANISH CORRESPONDENCE AND DOCUMENTS. 9 1 

Spain and asserting that tlie President does not want war. Mr. 
Day added that the situation has improved. I told him that the 
reports from Cuba were satisfactory. He observed that the pend- 
ing matter was the report of the Maine. I replied that I could not 
see what relation that subject, of a purely internal character, had 
with Spain. The President will receive me to-morrow. 

Polo. 



No. 82. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[ Telegram. — Translation.] 

Washington, March 12, i8g8. 
I have just been received by the President of the Republic, who 
made a most gracious address. I fear, nevertheless, that the acts 
will not bear out the words. 

Polo. 



No. 83. 

The Mitiister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[ Telegram. — Translation.] 

Madrid, March 12, i8g8. 
Your cable of yesterday is received. I charge you, availing of 
the first opportune occasion, to turn the conversation toward the 
inconvenience and danger the present situation will have for the 
United States and Spain if it is prolonged indefinitely. Refer to 
the necessity that our rights in Cuba shall be respected, and to the 
fact that the moment for the true effectiveness of autonomy and 
the new regime in Cuba is approaching and that the elections are 
beginning, the freedom and results of which, for all persons of good 
faith, will be exempt from menace, pressure, or influence. It seems 
clear, therefore, that, by legislation and by deeds, this Government 
is now proclaiming its wish for peace. 

GULLON. 



No. 84. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[ Telegram. — Translation.] 

Washington, March 16, i8g8. 
Mr. Day sent for me to-day to ask that the vessels which carry 
aid to the reconcentrados be admitted free of port and tonnage dues. 



92 SPANISH CORRESPONDENCE AND DOCUMENTS. 

I have recommended the request to the Governor-General of Cuba. 
.After our conversation, he stated to me earnestly that they do not 
[want war, nor do they want Cuba nor anything. He told me that 
jthe war preparations were induced by our activity by acquiring 
great armaments and adding to our squadron. I demurred that, 
we having a rebellion in Cuba, we needed to increase our forces; to 
which he replied that certain vessels could not be employed against 
the insurgents, and that many believed over here that Spain, in 
order to terminate the rebellion with honor, seeing that the struggle 
is being prolonged indefinitely, desired war with the United States. 
I told him that was an error, and that I would solemnly assure him 
that we desired peace; in order to maintain it we would do all that 
was compatible with honor and national dignity; that the note of 
February i sets forth our attitude. Intervention, I added, would 
mean war, for in every nation where honor is prized intervention 
and war are equivalent. 

He told me he was gratified to hear this assertion, and I repeated 
it, adding that war, in the present circumstances, would be a crime 
against humanity and civilization, and that for that crime Spain 
would never be responsible. I told him that we were doing every- 
thing possible to quickly terminate the insurrection, and that if the 
United States would have done a small part, principally in disband- 
ing the New York junta, it would all be over. He answered that 
this was not possible under American law and in the present state 

of public feeling. 

Polo. 



No. 85. 

The Minister of State to the ambassadors of His Majesty in Paris, Berlin, 
Vienna, London, St. Petersburg, Rome, and the Holy See. 

[Telegram. — Translation.] 

Madrid, March 16, 18^8. 

We do not yet know the text of the report of the Spanish com- 
mission upon the cause of the explosion on the Maine; but we know 
that the opinion of experts and of all the marines and impartial 
judges agree that the disaster was due to a happening which took 
place on the inside of the vessel. 

It is advisable, therefore, that in informal conversations and in 
comments for the friendly and important press you invite attention 
to the strange persistence with which the daily press and other pub- 
lications of the United States continue to attribute the catastrophe 
to an origin completely erroneous, and by so doing arousing a spirit 
of menace in the relations of that Republic with Spain. 

GULLON. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 93 

No. 86. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, March 77, i8g8. 

I received with especial gratification your excellency's telegram 
of yesterday. I commend your excellencj-'s energy and cordially 
approve the determined views in your last conversation with Day. 
I do not deem it necessary to reinforce your excellency's arguments 
with data to prove the sincerity of our pacific desire, and the differ- 
ence of our attitude in this respect from the United States. 

Your excellency speaks of the $50,000,000, the increase of the 
militia, the fortification of the coast, the exemption of duties on 
specified goods, and of many other acts which have not been proposed 
or adopted here. You especially speak of the permanent fleet at 
Key West and of the concentration of another at Lisbon. You 
endeavor, particularly, to show clearly that our naval forces are 
directed to the most worthy and legitimate defense of our island 
possessions. 

I shall speak on this subject to Woodford, thus cooperating with 
your excellency. 

GULLON. 



No. 87. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, March ip, i8g8. 

Senator Proctor yesterday made a speech which has produced 
great effect because of his temperate stand. 

He set forth in black colors the situation of the reconcentrados, 
declared that the country was opposed to autonomy and favorable 
to independence, and recommended that the solution be left to the 
President. 

Before making the speech he had seen the President and Day, 
for which reason more importance is attached to his words. My 
impression is that the President will try to withstand the powerful 
public sentiment in favor of the insurrection, but any incident might 
hinder his purposes. 

The battle ships Massachusetts and Texas have joined the squad- 
ron in Hampton Roads. New military districts have been formed 
in the South and a bill introduced in the House to increase the 

army contingent by 103,000 men. 

Polo. 



94 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 88. 

The Minister of State to the ambassadors of His Majesty in Paris, Berlin, 
Vienna, London, St. Petersburg, Rome, and the Holy See. 

[Telegram. — Translation.] 

Madrid, March 22, i8g8. 
The reports from the United States can not be considered satis- 
factory, since McKinley and his Government have let the tidal wave 
rise considerably and there is now doubt whether they have the 
will or the force to resist it. During this week we shall know 
whether the President will at the last retain for himself his Execu- 
tive power in international matters or will submit to Congress by 
delivery to that body the report upon the Maine (which will proba- 
bly be without foundation and offensive to us) and communicate 
the consular reports concerning the situation of the reconcentrados. 

GULLON. 



No. 89. 

The Mitiister Ple?iipotentiary of the United States to the Minister of State. 

Legation of the United States, 

Madrid, March 22, i8pS. 
Excellency: May I have the pleasure of an interview with your 
excellency at your house to-morrow, Wednesday, at 3 o'clock? As 
my knowledge of Spanish is very limited, I shall be obliged if your 
excellency will invite your colleague, Seiior Moret, to be present at 
the interview, in order that he may interpret carefully. 

Stewart L. Woodford. 



No. 90. 

The Minister of State to the Minister Plenipotentiary of the United States. 

[Translation.! 

Palace, March 22, i8g8. 
Excellency: Replying to your excellency's esteemed communi- 
cation of to-day, I am pleased to state that I shall have the greatest 
pleasure in receiving you at my house to-morrow at 3 o'clock. 
Acceding further to your wishes, I shall invite my colleague, Senor 
Moret, to be present at the interview. 

I avail, etc., Pio Gullon. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 95 

No. 91. 

Memorandum delivered by t/ie Minister Plenipotoitiary of the United 
States at the interview which took place on March 2j, i8g8^ with the 
Ministers of State and Colonies. 

I ought, at the beginning of our interview, to say to you that 
the report on the Maine is in the hands of the President. I am not 
to-day authorized to disclose its character or conclusions; but I am 
authorized to say to you that unless some satisfactory agreement is 
reached within a very few days which will assure immediate and 
honorable peace in Cuba the President must at once submit the 
whole question of the relations between the United States and Spain, 
including the matter of the Maine, to the decision of Congress. 

I will telegraph immediately to the President any suggestions 
that Spain may make, and I hope to receive within a very few days 
some definite proposition that shall mean immediate peace in Cuba. 



No. 92. 

The Minister of State to the representatives of Spain abroad. 

[Circular telegram. — Translation.] 

Madrid, March 24., i8g8. 

x\t a conference yesterday between the minister of the United 
States and the Minister for the Colonies and myself, Mr. Woodford 
handed to me a memorandum, unsigned, which sets forth that the 
report of the American commission concerning the explosion on the 
Maine is now in the hands of the President. It further states that 
if within a few days a conclusion is not reached which will assure 
immediate and honorable peace for Cuba the President must submit 
to the American Congress not only the report of the Maine, but also 
the whole question of the relations between the United States and 
Spain. I shall reply to-morrow that the most elemental justice 
demands, regarding the Maine., cognizance of the report of the Span- 
ish commission; its comparison with the x-\merican to be done, of 
course, in a tranquil atmosphere, and outside of the Congress ; and, in 
the event of an irreconcilable disagreement, submission to a decision 
of other dispassionate judges. Touching the agreement to assure 
an immediate and satisfactory peace for the Cubans, the Spanish 
Government deems it indispensable to know at least the sentiments 
and wishes of the insular congress of Cuba, which will convene on 
the early date of May 4. 

It is advisable that your excellency may thus understand the 
character and extent of the demands and requirements before us, as 
well as the prudence and moderation of our reply, in order that 
your excellency may be able to let the Government to which you 



96 SPANISH CORRESPONDENCE AND DOCUMENTS. 

are accredited clearly understand the attitude of the two Cabinets, 
and the character which will invest any events the future may have 
in store for us. 

GULLON. 



No. 93. 

Memorandum handed by the Alinister of State to the Alinister Plenipo- 
tentiary of the United States. 

[Translation.] 

Ministry of State, 

Madrid, March 2j, i8g8. 

When the Cabinet was informed of the conference which took 
place in the afternoon of Wednesday, March 23, at the residence of 
the Minister of State, between the latter, the Minister for the Colo- 
nies, and the United States minister, it was in possession of news 
somewhat altering the bearing of the questions briefly treated in 
the course of that interview. 

It now appears that the captain of the U. S. S. Maine has asked 
leave to destroy with dynamite the wreck of his ship, thus annihi- 
lating the only proofs which in case of doubt or disagreement could 
be again examined in order to determine, if necessary, the cause and 
nature of a catastrophe in the midst of which Spanish sailors and 
officials displayed the greatest abnegation and oblivion of all personal 
risk and a generous wish to circumscribe or diminish the dreadful 
calamity which befell the crew of the American vessel. 

Even without seeing in the request of the captain of the Maine 
any other meaning than that personally expressed in the petition 
signed by him, the Spanish Government considers as utterly unjus- 
tifiable and inadmissible the determination to submit to a political 
assembly the report drawn up by the official American board of 
inquiry on the causes and circumstances of the blowing up or 
explosion of the Maine. After having in vain invited the United 
States naval officers to take part in its labors and go through the 
necessary investigations conjointly with its members, the Spanish 
commission has now finished and drawn up its conclusions with a 
complete knowledge of the scene of a disaster so deplorable and 
painful for all Spaniards. But their report is not yet known. 

One of the principal, if not the principal, basis of judgment is 
therefore wanting for an}' individual or body of men who may wish 
to weigh the facts with perfect impartiality. Under these circum- 
stances to place before a popular deliberating assembly without 
correction, explanation, or counterproof of any kind a report which, 
issued by the fellow-citizens of the members of that body, must 



SPANISH CORRESPONDENXE AND DOCUMENTS. 97 

necessarily meet with an approval inspired rather b}' sentiment 
than by reason, is not only to resolve beforehand a possible future 
matter for discussion, but apparently reveals an intention of allow- 
ing national enthusiasm, commiseration, or other like natural and 
comprehensible feelings, so frequently found in all numerous and 
patriotic assemblies, to form an a priori judgment not based on 
proof, and to reject, before even knowing its terms, any statements 
which may give rise to doubt or seem distasteful. . The most 
elementary sense of justice makes it in such case a duty to pre- 
viously examine and discuss in an atmosphere of absolute calmness 
the two different inquiries tending to one common end. Only in 
the supposition of an irreconcilable discrepancy or complete oppo- 
sition between one and the other would it be proper to submit 
them, as equity demands, to evidence less prone to prejudice and, 
if necessary, to fresh investigations and different judges. 

As to the last part of the document handed to the Minister of 
State by his excellency the United States minister — that is to say, 
as to any suggestion or proposal which might be made by Spain in 
order to secure an immediate and honorable peace — His Majesty's 
Government are at present more than ever of opinion that the 
suggestions and means repeatedly mentioned to the United States 
would in a very short time bring about that peace so eagerly 
desired by all. If, however, the United States Government, in 
making known in different terms and under a fresh aspect this 
requirement of an honorable and immediate peace, has in mind 
conditions for the making or consolidation of peace, which are or 
may be directly or indirectly connected with the political system 
already established in Cuba, His Majesty's Ministers consider it 
their duty to remind the said Government in all sincerity that 
nothing can be done in this direction by the Madrid Cabinet with- 
out the natural participation of the insular parliament, which is to 
meet on the already near date of May 4 proximo, and will then turn 
its special attention either spontaneously or on the motion of the 
representative of the Central Government to the measures most 
appropriate for rapidly bringing about a lasting and early peace in 
the island. 

No. 94. 

The Mi)iister Plenipotentiary of Spain to the Minister of State. 

[Telegram. — Translation.] 

Washington, March 25, i8pS. 
Day, having sent for me, spoke of the conference between Mr. 
Woodford, your excellency, and the Minister for the Colonies. He 
s D c 7 



98 SPANISH CORRESPONDENCE AND DOCUMENTS. 

told me that the report of the Maine would arrive to-night, and that 
to-morrow or the following day he would communicate it to me, 
advising me in advance that the explosion resulted from exterior 
cause; that it will be published and sent to Congress on Monday, 
which will produce great excitement; but that he had assurance 
that all would be arranged amicably. 

I reviewed what he had said to me on this subject at other inter- 
views. He answered that he must await the report. I said it was 
also necessary to see ours. In closing, he spoke of the reconcen- 
trados, of the sympathy felt for their sufferings, and of the Presi- 
dent's conviction that something must be done to quiet excited 
public opinion and the disposition of Congress. In short, he in- 
tends to use large sums, which Congress will appropriate, for the 
immediate relief of the reconcentrados. 

Day communicated the foregoing to me because the President 
desires to work in complete accord with Spain and to avoid all 
ground for friction. I told him that I could not forecast the opinion 
of the Government of His Majesty upon so delicate a matter, and 
that I would not have been able to discuss it at all, if he had not 
informed me beforehand that he desired to avoid friction. 

The activity for an armament continues; also the excited debates 
in Congress. 

I am communicating fully with the Governor-General of Cuba. 

Polo. 

No. 95. 

The Minister of State to the representatives of His Majesty abroad. 

[Circular telegram.— Translation.] 

Madrid, March 25, i8g8. 

The representative of Spain in Washington has just advised me 
that the United States Government has informed him that the 
report of the American commission on the catastrophe to the Maine 
will be communicated to Congress on Monday, without our having 
previous knowledge of it, and without the addition of the already 
<lispatched report of the Spanish commission. 

For the reasons set forth in my telegram of yesterday, and by 
reason of the decision to submit this question to a popular Con- 
gress — thus putting it out of the personal jurisdiction of the 
Executive power, an act which, in our belief, may provoke a con- 
flict between the two nations — the Spanish Government believes it 
its duty and deems it in accordance with the principles governing 
international relations between Christian powers to inform the 
Government to which you are accredited of the foregoing circum- 
stances and to ask its friendly offices in order that the President of 



SPANISH CORRESPONDENCE AND DOCUMENTS. 



99 



the United States may retain under Federal control all questions 
affecting the relations or differences with Spain in order to bring 
them to an honorable conclusion. 

So convinced is Spain of her right in this matter and of the pru- 
dence with which she is acting that, if the aforesaid suggestion does 
not avail, she will not hesitate to at once ask the counsel of the 
great powers and, in the last resort, their mediation to adjust the 
pending differences, which differences, in the near future, may dis- 
turb a peace that the Spanish nation desires to preserve as far 
as its honor and the integrity of its territory will permit, not only 
on its own account, but because war, once begun, affects all other 
powers of Europe and America. 

Your excellency may read this telegram to the Minister for 
Foreign Affairs. 

GULLON. 

No. 96. 

The Ambassador of His Majesty to the Mi?nster of State. 

[Telegram. — Translation.] 

Paris, March 25, i8g8. 
I have conferred at length this afternoon with the Minister for 
Foreign Affairs to acquaint him with your excellency's circular 
telegram touching the last note verbale presented by the minister 
of the United States. 

******* 

I said that, besides actively cooperating to obtain a European 
concert, inasmuch as the crisis has reached an acute stage and 
demands quick action, I believed it would be efficacious at this time 
if France, invoking the traditional international policy since the 
beginning of the century concerning Cuba, should address itself to 
England proposing common action in favor of peace. 

The Minister for Foreign Affairs accepted this suggestion in 
principle, and asked for a period of reflection and to submit the 
matter to the Council of Ministers. 

******* 

Leon y Castillo. 



No. 97. 

The Ajnbassador of His Majesty near the Holy See to the Minister of State. 

[Telegram. — Translation.] 

Rome, March 2j, iSpS. 
I have informed Cardinal Rampolla of your excellency's telegram 
of last night, relative to the memorandum handed to you by the 
minister plenipotentiary of the United States. 



lOO SPANISH CORRESPONDENCE AND DOCUMENTS. 

His eminence has shown himself much impressed by the state- 
ment I have made. 

******* 

He approves the reply which your excellency proposes to make 
to the American Government; he commends the calmness and mod- 
eration of our Government, and recommends that you endeavor to 
persuade the European cabinets to exercise their influence at Wash- 
ington to avert war. He is convinced that France, whose form of 
government can not inspire suspicion in the United States, is ani- 
mated by friendly sentiments for Spain. He will advise the Pope 
of my communication, and assures me we may count upon the 

friendliness of the Holy See. 

******* 

Merry. 

No. 98. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

London, March 26, i8g8. 
The Under Secretary for Foreign Affairs has written to me that 
Mr. Balfour has given earnest consideration to your excellency's 
telegram and the pacific views of the Spanish Government; that 
the British Government will view with regret any incident that may 
perturb unnecessarily the relations between Spain and the United 
States. 

Mr. Balfour has telegraphed the British ambassador in Washing- 
ton, and directs him, if opportunity affords, to inform that Govern- 
ment of the conciliatory attitude of the Spanish Government. 

Rascon. 



No. 99. 

The Ambassador of His Majesty' to the Minister of State. 

[Telegram. — Translation.] 

Vienna, March 2y, i8g8. 

The Minister for Foreign Affairs thinks it essential that the 

report of the Spanish commission on the Maine be published, as a 

comparison with the American and to facilitate arbitration. 

******* 

He believes that one of the most important questions in Europe 
to-day is to preserve peace, and that to this end diplomatic steps 
must principally aid. * * * 

HOYOS. 



SPANISH CORRESPONDENCE AND DOCUMENTS. lOI 

No. 100. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

St. Petersburg, March 27, iSgS. 
I have just had a long interview with the Minister for Foreign 

Affairs. 

******* 

He showed himself most sympathetic toward Spain and enthusi- 
astic for the Queen, and assured me that the Emperor was animated 
by the same sentiments. 

ViLLAGONZALO. 



No. loi. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Rome, March 27, i8g8. 
I have just had an interview with the Minister for Foreign Affairs, 
to whom I set forth fully the conduct of the United States Govern- 
ment, contrasting it with the prudence and moderation of Spain. 
Then I read him, in French, the telegrams from your excellency. 
He replied, with conviction, that the Italian Government, moved 
by friendly sentiments for the Queen Regent and for the Spanish 
nation, will at once act in the sense of your excellency's suggestion; 
that he assumes that our Government will address itself to all the 
great powers, and that Italy will put itself in communication with 

them. 

******* 

In concluding, he repeated his friendly sympathy and good will 

for our country. 

Mazo. 



No. 102. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, March 27, i8g8. 

The report of the Maine has aroused deep feeling. It is feared 
Congress will take some extreme action. Nevertheless, it seems 
that the President continues in a peaceful attitude. 

The Vice-President of the Republic has just visited me, express- 
ing a like attitude and his hope that the excitement will pass. 

I believe it would be well to publish our report on Monday when 

the American report is presented. 

Polo. 



I02 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 103. 

The Minister of State to the Aliiiister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, March 27, i8g8. 

The Minister of Marine has received a telegraphic extract of 
the Spanish report upon the explosion of the Maine. The report 
consists of declarations of eyewitnesses and of experts, of the con- 
clusions of the attorney-general, and of the resume reached by the 
counselor of the navy-yard. By the depositions of eyewitnesses and 
experts is shown the absence of the incidents that always attend the 
explosion of torpedoes. No column of water was seen to rise, nor 
the water to be agitated, nor to dash against the sides of near-by 
vessels; nor was any shaking felt on the shore; nor were there sub- 
sequently seen dead fish floating. The deposition of the chief pilot 
of the port shows the abundance of fish ; that of the assistant engineer 
of harbor works shows the same, saying he has always found dead 
fish after many explosions made in carrying on works in the bay. 
The divers examining the hull could not see its bottom, being 
buried in the mud, but they examined the sides; the jagged edges 
outwards are an infallible sign of an internal explosion. 

The bottom of the bay, in the vicinity of the vessel, being exam- 
ined, no indication of the action of torpedoes was discovered. The 
report shows that the peculiar nature of the procedure followed and 
respect for the extraterritoriality of the Maine have prevented car- 
rying on such investigations in the interior of the vessel as would 
furnish means of deciding at least by hypothesis the internal origin 
of the disaster. The refusal to establish the necessary cooperation 
between the Spanish commission, the commander and crew of the 
Maine., and the American officials commissioned for the same work 
also contributed to impede the investigation. The report asserts 
that 'the internal and external examination of the Maine., when it 
can be accomplished, and provided the labors for the total or par- 
tial recovery of the wreck do not cause any change in it, and the 
examination of the spot in the bay where the vessel is sunk, will 
prove that the explosion was produced by an internal cause. 

GULLON. 



SPANISH CORRESPONDENCE AND DOCUMENTS. IO3 

No. 104. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Berlin, March 28, i8g8. 
I have just had a long interview with the Chancellor. After 
acquainting liim with the memorandum of the representative of the 
United States and with the reply proposed to be made by the Gov- 
ernment of His Majesty, I read him the telegram received yesterday 
regarding the report from the Spanish minister in Washington. 

He listened and duly appreciated the widely divergent attitudes 
of the two Governments. 

******* 

Mendez Vigo. 



No. 105. 

The Minister Plenipotentiary of the United States to the Minister of State. 
No. 91.] Madrid, March 28, i8g8. 

Excellency: On yesterday — Sunday, March 27 instant — about 
noon, I received a cipher dispatch from my Government giving the 
substance of the report of the naval board of inquiry concerning 
the loss of the U. S. S. Maine. The translation of this cipher dis- 
patch was only completed late last night. I will call upon you at 
any hour to-day which you may appoint and communicate to you 
the substance of such report as telegraphed to me. 

With regard to the first part of the memorandum or statement 
which you showed me on Friday afternoon, March 25, and sent to 
me on Saturday morning, March 26, and which related to the loss of 
the steamer Maine and to the request of the captain of the Maine to 
use explosives in connection with the wreck of such steamer, I am 
instructed by my Government to explain to you that the captain of 
the Maine merely sought to employ small explosive charges on the 
upper works of the vessel for the sole purpose of clearing away 
wreckage so as to get at the bodies and guns which were still in the 
wreck; but, finding his request misunderstood and opposed by the 
authorities at Habana, he withdrew such request, by the instructions 
of the Secretary of the American Navy. 

I am sure that this explanation will remove all doubt or suspicion 
from your mind with regard to the request which the captain made. 

I am further instructed to explain to your excellency that the 
President of the United States intends to send the report of the 
American naval board of inquiry, with brief message, to Congress 
this Monday, March 28, and that it is thought no other action will 



I04 SPANISH CORRESPONDENCE AND DOCUMENTS. 

be taken in Congress to-day than the usual reference of such reports 
to the proper committees. 

From the best information I can get, I believe that a feeling of 
deliberation prevails in both houses of the American Congress, and 
that there is no just reason for the Spanish Government to expect 
that anything will be done hastily or unjustly. 

I avail, etc., 

Stewart L. Woodford. 



No. io6. 

Note delivered by the Minister Plenipotentiary of the United States. 

No. 92.] Madrid, March 28, i8g8. 

Excellency: At the request of your excellency and by direction 
of the President I have the honor to communicate to your excellency 
the following summary, received by telegraph from my Government, 
of the report made on March 21, 1898, by the United States board of 
inquiry in the case of the U. S. S. Maine: 

The Maine arrived at Habana January 25, 189S. Notice of her intended arrival 
had been given by the United States consul-general to the authorities of Habana 
on the preceding evening and she was conducted by the regular Government pilot 
to buoy No. 4, in from 5^ to 6 fathoms of water. The discipline on the ship was 
excellent, and all her orders and regulations were strictly carried out. The ammu- 
nition was properly stored and cared for. The magazines and shell rooms were 
always locked after being opened, and after the destruction of the ship the keys 
were found in their proper place in the captain's cabin. The temperatures of the 
magazines and shell rooms were taken daily and reported. The only magazine 
showing undue heat was the after lo-inch magazine, which did not explode. The 
torpedo war heads were stored in the after part of the ship, under the wardroom, 
and did not explode. The dry gun-cotton primers and detonators were stored in 
the cabin, aft, and remote from the explosion. The waste was carefully looked 
after, under special orders of the commanding ofl5cer, and varnishes, dryers, alco- 
hol, and like combustibles were stored on or above the main deck. The medical 
stores were aft, under the wardroom. No dangerous stores were below in any 
other storeroom. 

The coal bunkers were inspected daily. Of those which were adjacent to the for- 
ward magazine four were empty, while one was full of coal. This coal, before it 
was received, was carefully inspected, and the bunker was inspected by the engi- 
neer officer on duty on the day of the explosion. No case of spontaneous combus- 
tion of coal had ever occurred on the Maine ia.xiA the fire alarms in the bunkers were 
in working order. 

Two after boilers were in use at the time of the disaster, but for auxiliary pur- 
poses only, at a comparatively low temperature and under watch, and could not 
have caused the explosion. The four forward boilers were found by the divers in 
fair condition. 

The Maine was destroyed at 9.40 o'clock on the evening of February 15. Every- 
thing had been reported secure at S o'clock p. m. and all on board was quiet. 



SPANISH CORRESPONDENCE AND DOCUMENTS. IO5 

There were two distinct explosions, with a brief interval. The first, with a 
report like that of a gun, lifted the ship' very perceptibly; the second was more 
open, prolonged, and of greater volume, and was caused by the partial explosion 
of two or more of the forward magazines. 

The evidence obtained by the divers as to the condition of the wreck is more or 
less incomplete, but it appears that the after part of the ship sunk practically 
intact. 

As to the forward part, the testimony establishes the following facts: 

That portion of the port side protective deck which extends approximately 
from frames 30 to 41 was blown up, aft, and over to port. The main deck from 
approximately frames 30 to 41 was blown up, aft, and slightly over to starboard, 
folding the forward part of the middle superstructure over and on top of the after 
part. This was, in the opinion of the board, caused by the partial explosion of 
two or more of the forward magazines. 

But at frame 17 the outer shell, from a point ii}4 feet from the middle line of 
the ship and 6 feet above the normal, the keel was forced up and remained above 
water, about 34 feet above the normal position. The outside bottom plating is 
bent inboard, and a portion about 15 feet broad and 32 feet long is doubled back 
upon itself. The verticle keel is broken in two at frame 18, and the fiat keel is 
bent into an angle similar to that which is formed by the plating. This break is 
now about 6 feet below the surface of the water and 30 above its normal position. 
This effect could, in the court's opinion, have been produced only by the explosion 
of a mine under the bottom of the ship. 

In conclusion, the court finds that the loss of the J/aine was not due to any fault 
or negligence of any of the officers or crew, but to the explosion of a submarine 
mine, which caused the partial explosion of two or more of the forward magazines. 

No evidence, however, was obtained fixing the responsibility on any person or 
persons. 

Having thus communicated to your excellency the foregoing 
summary of the report of the United States board of inquiry in the 
case of the U. S. S. Maine^ I am further instructed to communicate 
the following : 

Upon the facts as thus disclosed a grave responsibility appears 
to rest upon the Spanish Government. The Maine, on a peace 
errand and with the knowledge and consent of that Government, 
entered the harbor of Habana, relying upon the security and pro- 
tection of a friendly port. Confessedly she still remained, as to 
what took place on board, under the jurisdiction of her own Gov- 
ernment. Yet the control of the harbor remained in the jurisdiction 
of the Spanish Government, which, as the sovereign of the place, 
was bound to render protection to persons and property there and 
especially to the public ship and to the sailors of a friendly power. 

The Governrnent of the United States has not failed to receive, 
with due appreciation, the expressions of sympathy tendered by the 
Government of Her Majesty the Queen Regent to the United States 
in respect to the loss of its ship and sailors. This fact can onl}- 
increase its regret that the circumstances of the case, as disclosed 
by the report of the board of inquiry, are such as to require of the 



I06 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Spanish Government such action as is due where the sovereign 
rights of one friendly nation have been assailed within the jurisdic- 
tion of another. 

The President does not permit himself to doubt that the sense 
of justice of the Spanish nation will dictate a course of action 
suggested by the friendly relations of the two Governments. 

I avail, etc., 

Stewart L. Woodford. 



No. 107. 

The Minister of State to the Minister Flenipotetitiary of the United States. 

[Translation.] 

Palace, March 28, i8g8. 
My Dear Sir: Hastening to comply with your excellency's desires, 
I have the pleasure to state that the President has postponed the 
meeting of the Council of Ministers, which would have taken place 
to-morrow, and will receive your excellency to-morrow at 4 in the 
afternoon, in the Presidential Hall, and that I shall also have the 
pleasure of being present. 

I avail, etc., Pio Gullon. 



NJ 



No. 108. 

Memorandum handed by the Minister Plenipotentiary of the United States 
to the President of the Council of Ministers at the interview on March 
2g, i8g8. 

The President instructs me to have direct and frank conversation 
with you about present condition of affairs in Cuba and present 
relations between Spain and the United States. 

The President thinks it is better not to discuss the respective 
views held by each nation. This might only provoke or incite 
argument and might delay and possibly prevent immediate decision. 

The President instructs me to say that we do not want Cuba. 
He also instructs me to say, with equal clearness, that we do wish 
immediate peace in Cuba. He suggests an immediate armistice, 
lasting until October i, negotiations in the meantime being had 
looking to peace between Spain and the insurgents, through the 
friendly offices of the President of the United States. 

He wishes the immediate revocation of the reconcentration order, 
so as to permit the people to return to their farms and the needy to 



SPANISH CORRESPONDENCE AND DOCUMENTS. lOJ 

be relieved with provisions and supplies from the United States, 
the United States cooperating with the Spanish authorities so as to 
afford full relief. 



No. 109. 

T/ie Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

St. Petersburg, March jo, i8g8. 

I have had an interview with the Minister for Foreign Affairs. 
He told me that he had to-day a long talk with the United States 
ambassador here, who stated he felt absolutely assured there could 
be no conflict between Spain and the United States, since he knew 
the energy of the President of the Republic. 

The Minister for Foreign Affairs expressed the most earnest hope 
of the Emperor and the Russian Government that our rights may 
be respected and that all danger of war may be averted. The Min- 
ister for Foreign Affairs feels satisfied with assurance of peace given 
him by the American ambassador. 

ViLLAGONZALO. 



No. no. 

Reply agreed upon by the Council of Ministers.^ which the Minister of State 
handed to the United States Mi7iister March j/, i8g8. 

[Translation.] 
CATASTROPHE OF THE "MAINE." 

Spain is ready to submit to an arbitration the differences which /\ 
may arise in this matter. 

RECONCENTRADOS. 

General Blanco, following the instructions of the Government, jn 
has revoked in the western Provinces the bando relating to the re- 
concentrados, and, although this measure will not be able to reach 
its complete development until the military operations terminate, 
the Government places at the disposal of the Governor-General of 
Cuba a credit of 3,000,000 of pesetas, to the end that the country- 
men may return at once and with success to their labors. 

The Spanish Government will accept, nevertheless, whatever 
assistance to feed and succor the needy may be sent from the 



I08 SPANISH CORRESPONDENCE AND DOCUMENTS. 

United States, in the form and conditions agreed upon between the 
Assistant Secretary of State, Mr. Day, and the Spanish minister in 
Washington. 

PACIFICATION OF CUBA. 

The Spanish Government, more interested than that of the 
United States in giving to the Grand Antille an honorable and 
stable peace, proposes to confide its preparation to the insular par- 
liament, without whose intervention it will not be able to arrive at 
the final result, it being understood that the powers reserved by 
the constitution to the Central Government are not lessened and 
diminished. 

TRUCE. 

As the Cuban chambers will not meet until the 4th of May, the 
Spanish Government will not, on its part, find it inconvenient to 
accept at once a suspension of hostilities asked for by the insurgents 
from the general in chief, to whom it will belong in this case to 
determine the duration and the conditions of the suspension. 



No. III. 

The Minister of State to the representatives of His Majesty abroad. 

[Circular telegram.— Translation.] 

Madrid, March ji, i8g8. 

At an interview on the 29th between the United States minister 
and the President of the Council of Ministers, at which the Minister 
of the Colonies and myself were present — 

Mr. Woodford, after stating that his Government did not desire 
possession of the island of Cuba, but did desire early peace, pro- 
posed an immediate armistice, to last until October i, during which 
peace may be negotiated between Spain and the insurgents, with 
the aid of the friendly offices of the President of the American 
Republic; also the immediate revocation of the order of reconcen- 
trados, so that all may return to their homes and the needy be aided 
by the United States with food and supplies, cooperating with the 
Spanish authorities to insure relief being complete and effective. 
Further, the United States minister referred to the subject of the 
Maine, looking upon it as a part of the general political question. 

The Government of His Majesty, after careful consideration and 
animated by the liveliest desire for peace, replies to-day in the fol- 
lowing sense, which is the ultimate limit to which it can go in the 
way of concession.* 

\Here follow the propositions submitted to Mr. Woodford. See Docu- 
ment No. I JO. ] 



SPANISH CORRESPONDENCE AND DOCUMENTS. IO9 

If these bases of argument, which meet in great part McKinley's 
demands and are the limit of our concessions and efforts to preserve 
peace, are to be accepted at Washington, the valued good offices of 
the Sovereign (or President of Republic) and Government to which 
you are accredited ought to be immediately determined upon and 
put into effect at once, if, as we hope by the reports from your 
excellency, they desire to cooperate to effect the preservation of 
peace and the reasonable protection of our rights. You will there- 
fore at once communicate this dispatch to the Minister for Foreign 
Affairs. 

GULLON. 



No. 112. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

London, April 2, i8g8. 
Mr. Balfour says the British Government is confident that the 
President of the United States is as desirous as the Spanish Gov- 
ernment to reach an arrangement satisfactory to both parties. 

Rascon. 



No. 113. 

The Ambassador of His Majesty near the Holy See to the Minister of State. 

[Telegram. — Translation.] 

Rome, April 2, i8g8. 
Cardinal Rampolla has just been to see me in behalf of His 
Holiness, to tell me that the reports received from Washington are 
very grave. The President of the Republic desires to reach a settle- 
ment, but he is finding himself helpless against Congress. The 
difficulty lies in who should ask for a suspension of hostilities. 
The President of the Republic seems well disposed to accept the 
offices of the Pope, and the latter, wishing to aid us, inquires, first, 
if the intervention of His Holiness to ask the armstice would save 
the national honor; second, if such intervention would be acceptable 
to His Majesty and the Government. I beg an immediate answer 
from your excellency, as the situation is critical and the Pope asks 

for an early reply. 

Merry. 



no SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 114. 

The Atnbassador of His Majesty to the Minister of State. 

[Teleprram.— Translation.] 

Paris, April j, i8g8. 
The Minister for Foreign Affairs tells me that he continues 
actively agitation in Washington for the preservation of peace. He 
read to me the last dispatch received from the ambassador in the 
United States, which says that the American Assistant Secretary of 
State has not lost hope of peace and avoiding a rupture. * * * 

Leon y Castillo. 



No. 115. 

The Minister Plenipotetitiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, April j^ i8g8. 

The naval attache has arrived with the Spanish report of the 
Maine, which I have sent immediately to the Department of State. 

The mediating forces are exercising all their influence with the 
President of the Republic. The sentiment for the moment is some- 
what better. Congress, however, is not to be depended upon. 

Polo. 



No. 116. 

The Minister of State to the Atnbassador of His Majesty near the Holy See. 

[Telegram. — Translation.] 

Madrid, April j, i8g8. 
The moment the United States Government is disposed to accept 
the aid of the Pope, the Queen of Spain and her Government will 
gladly accept his mediation, and, in order to facilitate the high 
mission of peace and concord which His Holiness is attempting, 
promise further to accept the proposal that the Holy Father shall 
formulate a suspension of hostilities; informing His Holiness that 
for the honor of Spain it is proper that the truce should be accom- 
panied by the retirement of the American squadron from the waters 
of the Antilles, in order that the North American Republic may also 
show its purpose not to support — voluntarily or involuntarily — the 
insurrection in Cuba. 

GULLON. 



SPANISH CORRESPONDENCE AND DOCUMENTS. Til 

No. 117. 

The Minister Plenipotentiary of His Majesty to the Alinister of State. 

[Telegram. — Translation.] 

Washington, April 4^ i8g8. 

Archbishop Ireland, who has come here from St. Paul, by order \ 
of His Holiness, to work for peace, has been to see me. He tells 
me that the President of the Republic, whom he saw yesterday and 
early this morning, ardently wants peace; but that it is certain Con- 
gress will vote for intervention or war, if the Government of His 
Majest}'' do not aid the President and the partisans of peace. 

He urged the advisability of acceding to the propositions of the 
United States. I replied that His Majesty's Government had acceded 
everything that was compatible with the national dignity. The 
Archbishop advised me of the instructions which His Holiness has 
sent to him. He showed me what efforts he had made for peace 
and expressed his positive conviction that Congress wants war and 
that the President, who wants peace, must at last give way. With 
deep interest he urged that we make the last effort that could be 
made to accede, without conditions, to the armistice. The foreign 
diplomats, who have been to see me, inform me that there is active 
discussion among the European cabinets with a view to obtaining 
immediate, simultaneous, identic, and general action. 

Polo. 



No. 118. 

77/1? United States Minister to the Minister of State. 

No. 98.] Madrid, April 6, i8g8. 

Excellency: I had hoped to be officially informed before 12 
o'clock noon of this day that His Majesty's Government had pro- 
claimed definite suspension of hostilities in the island of Cuba. 

The President of the United States has this afternoon transmitted 
to the American Congress a message covering the entire Cuban 
question, with such recommendations as he has deemed necessary 
and expedient. The repose and welfare of the American people 
require the restoration of peace and stable government in Cuba. If 
armistice had been offered by the Government of Spain, the Presi- 
dent would have communicated that fact to Congress. He has 
recounted the conditions in Cuba, the injurious effect upcni our 
people, the character and conditions of the conflict, and the hopeless- 
ness of the strife. He has not advised the recog?iition of the independence of 
the itisur gents., but has recommended measures looking to the cessation 



112 SPANISH CORRESPONDENCE AND DOCUMENTS. 

of hostilities, restoration of the peace and stability of government 
in the island. He has done this in the interests of humanity and 
for the safety and tranquillity of the United States. 

Should His Majesty's Government arrive this day at final decision 
with regard to an armistice, I will telegraph the text of the same to 
my Government, should I receive it before 12 o'clock to-night. It 
will thus reach the President to-morrow (Thursday) morning in time 
to be communicated by him to Congress to-morrow (Thursday). 

With sorrow deeper than I can express, I regret that His 

Majesty's Government has not yet communicated to me its purpose 

to proclaim an immediate and effective armistice or suspension of 

hostilities in Cuba, lasting for a sufficient length of time to enable 

passions to cease and obtain permanent and honorable peace in 

Cuba, with the text of such proclamation. 

I avail, etc., 

Stewart L. Woodford. 



No. 119. 

The Minister of State to the Ministei- Plenipotentiary of the United States. 

[Translation.] 

Palace, April 6, i8g8. 

Excellency: I have the honor to reply to the esteemed commu- 
nication which, by the hand of Secretary Sickles, you are pleased to 
address me, setting forth what I do not think to have promised, 
either to your excellency or to the Government you so worthily 
represent, concerning a declaration to be given this morning. 

No declaration addressed to the President of the United States 
or to the minister of that Republic at Madrid relative to a suspen- 
sion of hostilities can add to what, on March 29 last, by accord of 
the Government of which I form part, I had the honor to transmit 
to your excellency as a reply to the concise demands which you sub- 
mitted to us in the Presidency of the Council asking a reply in a 
very peremptory period. 

Sharing the regret your excellency has the kindness to express, 
I avail, etc., * 

PlO GULLON. 

No. 120. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, April 6, i8g8. 
Archbishop Ireland has just visited me again, stating that the 
President's message will be sent in to-morrow, Wednesday. He 



SPANISH CORRESPONDENCE AND DOCUMENTS. II3 

thinks immediate concession of the armistice would be most advisa- 
ble and that it would place the insurgents in a very disadvantageous 
position. With regard to the withdrawal of the American squadron, 
he says it is impossible to obtain that now; but he offers, personally, 
to remain in Washington and hopes he can obtain it after our 
concession. 

Polo. 

No. 121. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, April 7, iSpS. 

The representatives of the six great powers have personally pre- 
sented to Mr. McKinley a collective note making a pressing appeal 
to the feelings of humanity and moderation of the President and of 
the American people in their existing differences with Spain, and 
the hope that further negotiations will lead to an agreement which, 
while securing the maintenance of peace, will afford all necessary 
guaranties for the reestablishment of order in Cuba. 

The President replied, recognizing the humanitarian and disin- 
terested character of the collective communication and sharing the 
desire therein expressed for the termination of the chronic condition 
of disturbance in Cuba which injures American interests and shocks 
the sentiment of humanit3\ 

Polo. 

No. 122. 

The Minister Plenipotentiary of the United States to the Minister of State. 
^^'o. 99.] Madrid, April y, iSg8. 

Excellency: Since sending to your excellency my note, Xo. 98, 
dated April 6 instant, I learn from my Government that the Presi- 
dent of the United States has not sent to Congress his proposed 
message covering the entire Cuban question, with such recom- 
mendations as he might deem necessary and expedient. I am 
further officially informed that such message will not be sent to 
Congress until Monday next, April 11 instant. As the fact upon 
which the urgency of my note was based has thus been postponed, 
it becomes my pleasant duty to withdraw my said note, No. 98, 
dated April 6 instant. I do this gladly, as it is very far from the 
purpose of the United States even to seem to put any pressure upon 
the action of Spain. 

I avail, etc., Stewart L. Woodford. 

s D c 8 



114 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 123. 
The Minister of State to the Ambassador of Austria-Hungary . 

[Translation.] 

Palace, April g^ i8g8. 

Excellency: The Government of His Majesty has duly con- 
sidered the friendly and collective visit with which your excellency 
and your colleagues, the representatives of the other great Euro- 
pean powers, favored me this morning at m)^ house; and fully appre- 
ciates, also, the observations and counsels which, as a consequence 
of the action taken in Washington b}^ the envoys of your respective 
Governments, you are pleased unanimously to suggest that Spain 
shall accede to the solicitation of His Holiness Pope Leo XHI, and 
grant in Cuba a suspension of hostilities, which your excellencies 
believe compatible with the honor and prestige of our arms in that 
autonomous Spanish province. 

Acting upon the confidential suggestions of your excellencies 
and, at the same time, meeting the wishes of the Pontifice, the 
Government of His Majesty has decided to inform the Holy Father 
that, on this date, it will instruct the governor in chief of the army 
in Cuba that he may concede immediately suspension of hostilities, 
to continue for the time he may deem prudent, to arrange and 
facilitate the desired peace. 

In begging your excellency to be pleased to acknowledge the 
receipt of this confidential communication, I avail, etc.. 

Pig Gullon. 



No. 124. 
The Ambassador of Austria- Hungary to the Minister of State. 

[Translation.] 

Madrid, April g, i8g8. 

Mr. Minister: I have the honor to acknowledge receipt of the 
confidential communication which your excellency is pleased to 
send me concerning the orders given for suspension of hostilities in 
Cuba. 

At the same time, I hasten to tender to the Government of Her 
Majesty the Queen Regent my heartiest congratulations for an act 
which attests greatness of heart and which, I am firmly convinced, 
will be universally and duly appreciated. 

V. DUBSKY. 



SPANISH CORRESPONDENCE AND DOCUMENTS, II5 

No. 125. 

The Minister of State to the Ambassador of His Majesty near the Holy See. 

[Telegram. — Translation.] 

Madrid, April g, i8g8. 

Please express, without loss of a moment, to His Eminence 
Cardinal RampoUa, to be communicated to His Holiness, that the 
Spanish Government, in view of the earnest, noble, and disinterested 
solicitude of His Holiness, has determined to direct the general in 
chief of the army in Cuba that he may grant immediate suspension 
of hostilities for the time he may deem prudent, to arrange and 
facilitate the desired peace. 

In having the satisfaction of thus fulfilling the desires of the 
venerable Pontiff, I have also the pleasure to inform him that the 
ambassadors in Madrid of the six great powers, visiting me in a 
body this morning, have coincided in their suggestions with His 
Holiness. Therefore we would remind him of our previous tele- 
grams, ^rusting always that he will watch out earnestly that our 
just request for consideration may be satisfied and the prestige of 
this Catholic nation remain unimpaired. *7 

^ GULLUN. 



No. 126. 

The Minister of State to the ambassadors of His Majesty in Paris, Berlin, 
Vienna, Lofidon, Rome, and St. Petersburg. 

[Telegram.— Translation.] 

Madrid, April g, i8g8. 
Your excellency will please inform the Minister for Foreign 
Affairs that, in view of the earnest and reiterated solicitation of His 
Holiness, reenforced by the friendly counsels of the representatives 
of the great powers in a collective and confidential communication 
made to me this morning, as a consequence of the action of their 
Governments in Washington, the Government of His Majesty has 
determined to inform the Holy Father that, on this date, the gen- 
eral in chief of the army in Cuba is instructed that he may concede 
immediately a suspension of hostilities for the period he may deem 
prudent to arrange for peace on the island. I need not reiterate to 
your excellency the desirability of availing of the occasion in order 
that the Government near which you are may show its friendly dis- 
positions with a view to securing the consideration in return which 
we expect as natural and just, as well in the matter of the situation 
of the American squadron as in the suppression of anything that 
may encourage the insurgents and jingroes. 

GULLON. 



ri6 SPANISH CORRESPONDENXE AND DOCUMENTS. 

No. 127. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram.— Translation.] 

Madrid, April g, i8q8. 

The ambassadors of the great foreign powers this morning made 
me a collective and confidential visit, as a consequence of the action 
of their Governments in the United States, recommending earnestly 
to the Government of His Majesty the concession asked by the 
Holy Father of a suspension of hostilities in Cuba, which they deem 
entirely compatible with the honor of our arms and called for by 
the existing circumstances in order to avoid a conflict. 

The Government of His Majesty has resolved to accede to the 
desires of the Holy Father and of the great powers, and to instruct 
the general in chief of the army in Cuba that he may concede 
immediately a suspension of hostilities for the period he may deem 
prudent, in order to arrange and facilitate peace on the island. 

Please so inform the United States Government. 

We hope that so important a decision may be duly responded to 
by the public authorities of the United States. 

GULLON. 



No. 128. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, April jo, i8g8. 

When I received your excellency's telegram concerning suspen- 
sion of hostilities, the fact had already been communicated to this 
Government through the secretary of His Holiness and through the 
minister of the United States at Madrid. 

Senator is a strong friend of mine and went yesterday 

to see the President. He assures me that he made a good impres- 
sion on the President, and that in consequence he has modified the 

message. 

Polo. 



No. 129. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, April 11, i8g8. 
The President has presented to Congress a message of more 
than seven thousand words. After a historical review, picturing in 



SPANISH CORRESPONDENCE AND DOCUMENTS. I17 

gloomy colors, in the usual American style, '''the Cuban insur- 
rection, treatment of the reconcentrados, recognizing the last effort 
made by Spain, it alludes to the character of the Cuban war, which 
could only be ended by extermination. It reviews the efforts of 
Woodford and the response of the Spanish Government, saying 
that, with this last proposition to procure immediate peace and its 
unfavorable reception by Spain, the Executive power has reached the 
limit of its resources. It then quotes paragraphs of the message of 
December i and the words of Grant in 1875 and those of President 
Jackson upon the recognition of the independence of Texas. Then 
comes the following: 

Nor from the standpoint of expediency do I think it would be wise or prudent 
for this Government to recognize at the present time the independence of the 
so-called Cuban Republic. Such recognition is not necessary in order to enable 
the United States to intervene and pacify the island. To commit this country now 
to the recognition of any particular government in Cuba might subject us to embar- 
rassing conditions of international obligation toward the organization so recog- 
nized. In case of intervention our conduct would be subject to the approval or 
disapproval of such government. We would be required to submit to its direction 
and to assume to it the mere relation of a friendly ally. 

When it shall appear hereafter that there is within the island a government 
capable of performing the duties and discharging the functions of a separate nation, 
and having, as a matter of fact, the proper forms and attributes of nationality, such 
government can be promptly and readily recognized and the relations and interests 
of the United States with such nation adjusted. 

There remain the alternative forms of intervention to end the war, either as an 
impartial neutral by imposing a rational compromise between the contestants, or 
as the active ally of the one party or the other. 

As to the first, it is not to be forgotten that during the last few months the rela- 
tion of • the United States has virtually been one of friendly intervention in many 
ways, each not of itself conclusive, but all tending to the exertion of a potential 
influence toward an ultimate pacific result, just and honorable to all interests con- 
cerned. The spirit of all our acts hitherto has been an earnest, unselfish desire for 
peace and prosperity in Cuba, untarnished by differences between us and Spain, 
and unstained by the blood of American citizens. 

The forcible intervention of the United States as a neutral to stop the war, 
according to the large dictates of humanity and following many historical prece- 
dents where neighboring states have interfered to check the hopeless sacrifices 
of life by internecine conflicts beyond their borders, is justifiable on rational 
grounds. It involves, however, hostile constraint upon both the parties to the 
contest as well to enforce a truce as to guide the eventual settlement. 

The grounds for such intervention may be briefly summarized as follows: 

First. In the cause of humanity and to put an end to the barbarities, bloodshed, 
starvation, and horrible miseries now existing there, and which the parties to the 
conflict are either unable or unwilling to stop or mitigate. It is no answer to say 
this is all in another country, belonging to another nation, and is therefore none 
of our business. It is specially our duty, for it is right at our door. 

Second. We owe it to our citizens in Cuba to afford them that protection and 
indemnity for lif^ and property which no government there can or will afford, 
and to that end to terminate the conditions that deprive them of legal protection. 



Il8 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Third. The right to intervene may be justified by the very serious injury to the 
commerce, trade, and business of our people, and by the wanton destruction of 
property and devastation of the island. 

Fourth, and which is of the utmost importance. The present condition of affairs 
in Cuba is a constant menace to our peace, and entails upon this Government an 
enormous expense. With such a conflict waged for years in an island so near us 
and with which our people have such trade and business relations — when the lives 
and liberty of our citizens are in constant danger and their property destroyed and 
themselves ruined — where our trading vessels are liable to seizure and are seized 
at our very door by war ships of a foreign nation, the expeditions of filibustering 
that we are powerless to prevent altogether, and the irritating questions and 
entanglements thus arising — all these and others that I need not mention, with the 
resulting strained relations, aje a constant menace to our peace, and compel us to 
keep on a semiwar footing with a nation with which we are at peace. 

These elements of danger and disorder already pointed out have been strikingly 
illustrated by a tragic event which has deeply and justly moved the American 
people. I have already transmitted to Congress the report of the naval court of 
inquiry on the destruction of the battle ship Maine in the harbor of Habana during 
the night of the 15th of February. The destruction of that noble vessel has filled 
the national heart with inexpressible horror. Two hundred and fifty-eight brave 
sailors and marines and two officers of our Navy, reposing in the fancied security 
of a friendly harbor, have been hurled to death, grief and want brought to their 
homes and sorrow to the nation. 

The naval court of inquiry, which, it is needless to say, commands the unquali- 
fied confidence of the Government, was unanimous in its conclusion that the 
destruction of the Maifie was caused by an exterior explosion, that of a submarine 
mine. It did not assume to place the responsibility. That remains to be fixed. 

In any event the destruction of the Maine, by whatever exterior cause, is a 
patent and impressive proof of a state of things in Cuba that is intolerable. That 
condition is thus shown to be such that the Spanish Government can not assure 
safety and security to a vessel of the American Navy in the harbor of Habana on 
a mission of peace, and rightfully there. 

Further referring in this connection to recent diplomatic correspondence, a dis- 
patch from our minister to Spain, of the 26th ultimo, contained the statement that 
the Spanish Minister for Foreign Affairs assured him positively that Spain will do 
all that the highest honor and justice require in the matter of the Maine. The 
reply above referred to of the ist instant also contained an expression of the readi- 
ness of Spain to submit to an arbitration all the differences which can arise in this 
matter, which is subsequently explained by the note of the Spanish minister at 
Washington of the loth instant, as follows: 

"As to the question of fact which springs from the diversity of views between 
the reports of the American and Spanish boards, Spain proposes that the facts be 
ascertained by an impartial investigation by experts, whose decision Spain accepts 
in advance." 

To this I have made no reply. 

Then follows a quotation from Grant's message of 1875 concern- 
ing mediation or intervention, and from Cleveland's last message, 
and closes thus : 

The long trial has proved that the object for which Spain has waged the war can 
not be attained. The fire of insurrection may flame or may smolder with varying 
seasons, but it has not been and it is plain that it can not be extinguished by present 



SPANISH CORRESPONDENCE AND DOCUMENTS. IF9 

methods. The only hope of relief and repose from a condition which can no 
longer be endured is the enforced pacification of Cuba. In the name of humanity, 
in the name of civilization, in behalf of endangered American interests which give 
us the right and the duty to speak and to act, the war in Cuba must stop. 

In view of these facts and of these considerations, I ask the Congress to author- 
ize and empower the President to take measures to secure a full and final termina- 
tion of hostilities between the Government of Spain and the people of Cuba, and 
to secure in the island the establishment of a stable government, capable of main- 
taining order and observing its international obligations, insuring peace and tran- 
quillity and the security of its citizens as well as our own, and to use the military 
and naval forces of the United States as may be necessary for these purposes. 

And in the interest of humanity and to aid in preserving the lives of the starv- 
ing people of the island I recommend that the distribution of food and supplies 
be continued, and that an appropriation be made out of the public Treasury to 
supplement the charity of our citizens. 

The issue is now with the Congress. It is a solemn responsibility. I have 
exhausted every effort to relieve the intolerable condition of affairs which is at our 
doors. Prepared to execute every obligation imposed upon me by the Constitution 
and the law, I await your action. 

Yesterday, and since the preparation of the foregoing message, official informa- 
tion was received by me that the latest decree of the Queen Regent of Spain directs 
General Blanco, in order to prepare and facilitate peace, to proclaim a suspension 
of hostilities, the duration and details of which have not yet been communicated 
to me. 

This fact with every other pertinent consideration will, I am sure, have your 
just and careful attention in the solemn deliberations upon which you are about to 
enter. If this measure attains a successful result, then our aspirations as a Chris- 
tian, peace-loving people will be realized. If it fails, it will be only another justi- 
fication for our contemplated action. 

William McKinlp:v. 
Executive Mansion, April 11, i8g8. 

I await your excellencj^'s instructions. 

Polo. 



No. 130. 

The Ambassador of His Majesty to the Afiiiister of State. 

[Telegram. — Translation.] 

Berlin, April 11, i8g8. 

I have just seen the Secretary of State. He informs me that he 
has news from Washington showing the President of the Republic 
in a conciliatory and prudent attitude. 

He told me the reports said nothing of the Presidential message, 
for which reason he supposed it would not be sent to Congress 
to-day, as had been announced, and he looked upon this delay as a 
very good augury. 

He added that the instructions to the German ambassador in the 

United States were to do all that was possible in behalf of peace, in 

accord with the other powers. 

Mendez Vigo. 



120 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 131. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Translation.] 

Washington, April 12^ i8g8. 

Excellency: As I had the honor to inform your excellency, on 
the loth I delivered to Honorable Mr. Day, Assistant Secretary, 
acting as Secretary of State of the United States, the memorandum 
which I inclose herewith, together with an English translation. 

Averse to taking the initiative in matters of such transcendent 
importance, I nevertheless believed that, at this critical moment, it 
was most opportune to make known here in a solemn manner Spain's 
position and the singular injustice of the public opinion of this 
country with regard to the Cuban question; the little or total lack 
of appreciation of the efforts and sacrifices of every kind made by 
our nation; and, finally, the unreasonableness of claiming to find 
responsibility for Spain in the unfortunate catastrophe of the Maine, 
apparently forgetting the declarations of Her Majesty the Queen 
Regent, of her Government, and of the Spanish authorities, and the 
conduct of the latter and of the authorities of Habana upon the sad 
occurrence. 

The certainty I have that it is desired to make use of that catas- 
trophe against us — which public opinion of this country, in the craze 
to which the sensational press has aroused it, and the no less sensa- 
tional members of Congress, attribute to Spain — induced me to 
touch upon this delicate question in the way in which, in my judg- 
ment, would best represent the views of the Government of His 
Majesty. 

The ambassadors of Her Brittanic Majesty and of France pressed 
me to present the aforesaid memorandum, and especially to allude 
to the question of the Maine, they feeling certain that it was be- 
lieved that the Government of His Majest)'' had not given any 
expression of sorrow, nor any disposition to reach a just agreement 
in the matter, if opportunity should be given. 

I have given, confidentially, copy of the aforesaid memorandum 
to the representatives of the six great powers, who, day before yes- 
terday, sent a telegraphic extract to their respective Governments 
and by to-day's mail are remitting copies thereof. 

I also append copy of the acknowledgment of receipt of the 
memorandum. 

I trust your excellency will be kind enough to approve my 
conduct in this matter. 

Luis Polo de Bernabe. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 12 1 

[Inclosure A. — Translation.] 
MeinoratidH7)i . 

Lecation ok Si'ai.n at Washington, 

IVashington, April lo, i8g8. 

The minister plenipotentiary of Spain has the honor to state to the honorable 
Secretary of State of the United States of America that Her Majesty the Queen 
Regent, acceding to the reiterated desires of His Holiness and inspired by the 
sentiments of concord and peace which animate her, has given appropriate instruc- 
tions to the general in chief of the army of Cuba, to the end that he shall concede 
an immediate suspension of hostilities for such time as he shall deem prudential, 
in order to prepare and facilitate peace in that island. 

General Blanco has to-day published the corresponding bando, and reserves to 
himself to determine in another bando the duration and other details of its execu- 
tion, with the sole aim that so transcendental a measure shall lead within the 
shortest possible time to the desired pacification of the Great Antille. 

In deciding upon the duration thereof, the general in chief, inspired by the 
highest sentiments — far from raising difficulties or obstructions — is prepared to 
grant every possible facility. 

The Government of His Majesty, by this most important step, has set the crown 
to her extraordinary efforts to obtain the pacification of Cuba through the instru- 
mentalities of reason and of right. 

The autonomic constitution, which gives to the inhabitants of the island of 
Cuba a political system at least as liberal as that which exists in the Dominion 
of Canada, will within a short time enter upon the stage of complete development, 
when, after the elections have been held, the insular parliament will meet at 
Habana on the 4th of May next; and the franchise and liberties granted to the 
Cubans are such that no motive or pretext is left for claiming any fuller measure 
thereof. 

Nevertheless, as the island of Cuba is represented in the Cortes of the King- 
dom, a privilege which is not enjoyed by any other foreign autonomic colony, the 
Cuban senators and deputies in the Cortes may there present their aspirations if 
they desire more. 

No one knowing the liberal spirit of the majority in the recently elected Spanish 
Cortes and tlie patriotic attitude of the principal parties in opposition can doubt 
that the Cubans will obtain whatever changes they may justly desire, within the 
bounds of reason and of the national sovereignty, as is solemnly offered in the 
preamble of the royal decree of November 5, 1897, at which time the Government 
of His Majesty declared that it would not withdraw or permit the withdrawal of 
any colonial liberties, guaranties, and privileges. 

The abrogation of the decree of reconcentration and the assistance of every 
kind which the Government of His Majesty has granted and permitted to be 
extended to the reconcentrados have at last terminated a lamentable condition of 
things, which was the unavoidable consequence of the sanguinary strife provoked 
by a small minority of the sons of Cuba, and who have been mainly led and 
sustained by foreign influences. 

No impartial mind, having full knowledge of the facts which have never on 
any occasion been perverted, as those relating to the Cuban question have been 
and are now perverted, can justly impute to Spain remissness in endeavoring to 
reach the means of pacification of the island, nor illiberality in granting privileges, 
liberties, and franchises for the welfare and happiness of its inhabitants. The 
Government of His Majesty doubts not that this will be recognized by the United 
Slates Government, even as it must recognize the manifest injustice with which a 



122 SPANISH CORRESPONDENCE AND DOCUMENTS. 

portion of the public opinion of this country claims to discover responsibilities on 
the part of Spain for the horrible catastrophe which took place on the calamitous 
night of the 15th of February last. Her Majesty the Queen Regent, her respon- 
sible Government, the Governor-General of Cuba, the insular government, and all 
the higher authorities of Habana displayed from the first moment the profound 
sorrow and the sentiments of horror which that measureless misfortune caused 
to them, as well as the sympathy which on that melancholy occasion linked them to 
the American Government and people. 

Proof of this is found in the visits of His Majesty's charge d'affaires to the 
illustrious President of the United States, the visits made by the highest. officers 
of the Spanish State to Mr. Woodford, the assistance unsparingly given to the vic- 
tims, the funeral obsequies which were provided for them by the municipal council 
of Habana, and the notes addressed to the Department of State by this legation 
under date of February 16 and 17 and the 2d instant, bearing the respective numbers 
12, 13, 14, and 23. 

The officers and crews of His Majesty's war vessels lying near the Maine, heed- 
less of the evident peril that menaced them, as is testified by the officers of that 
American ironclad, immediately lowered their boats, saving a large number of the 
wrecked ship's men, who alone owe their lives to the instant and efficient aid of 
the Spanish sailors. 

It is singular that these well-known facts and impressive declarations seem to 
have been forgotten by public opinion, which instead lends credence to the most 
absurd and offensive conjectures. 

The Government of His Majesty would very greatly esteem the sense of justice 
and the courtesy of the United States Government were an official statement to set 
the facts in their true light, for it would seem that they are ignored and the failure 
to appreciate them is potentially contributing to keep up an abnormal excitement 
in the minds of the people that imperils, causelessly and most irrationally, the 
friendly relations of the two countries. 

As for the question of fact which springs from the diversity of views between 
the reports of the Spanish and American boards, the Government of His Majesty, 
although not yet possessed of the official text of the two reports, has hastened to 
declare itself ready to submit to the judgment of impartial and disinterested ex- 
perts, accepting in advance the decision of the arbitrators named by the two 
parties, which is obvious proof of the frankness and good faith which marks the 
course of Spain on this as on all occasions. 

The minister of Spain trusts that these statements, inspired by the earnest de- 
sire for peace and concord which animates the Government of His Majesty, will 
be appreciated at their just worth by the Government of the United States. 



[Inclosure B.] 

i\/r. Shermaji to Senor Polo de Bernabe, 

Department of State, 

Washington, April 12, i8g8. 
The Secretary of State has the honor to acknowledge the receipt of the memo- 
randum in regard to the Cuban question which was delivered by the Spanish min- 
ister to the Assistant Secretary of State on the loth instant, and of the translation 
thereof which accompanied the minister's note verbale of the nth instant, reserving 
examination and consideration of the statements therein contained. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 23 

No. 132. 
The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Washington, April /j, i8g8. 

The Senate Committee on Foreign Relations has presented a 
slanderous report, based principally on the destruction of \\\& Maine^ 
proposing a joint resolution declaring the Cuban people free, de- 
manding that the Spanish Government immediately withdraw its 
authority and retire its army and navy from Cuba, and directing 
the President to use the Federal and militia forces to carry the 
resolution into effect. The committee of the House of Representa- 
tives has submitted a joint resolution authorizing the President to 
intervene immediately in the war in Cuba, with a view to secure 
peace and order and establish, through the free action of the Cuban 
people, a stable and independent government, to which purpose the 
President is authorized to use the public forces. 

This proposition received an immense majority of votes in the 
House of Representatives. It will be referred to the Senate. If 
that body does not accept it, the matter will go to a conference 
committee. 

Polo. 



No. 133. 

The Minister of State to the Ambassador of His Majesty near the Holy See. 

[Telegram. — Translation.] 

Madrid, April 14, i8g8. 
The expected resolutions of the Congress of the United States 
will probably oblige His Majesty's Government to adopt a new 
course of action, the character of which must be decided by cir- 
cumstances; but having already accepted the mediation of His 
Holiness, it deems it its duty to consider for this purpose any last 
suggestion of the Holy Father, not only because it entertains hope 
from his elevated and kindly mission of a pacific result compatible 
with our honor and national dignity, but as an indication of respect 
and gratitude to the Holy See, so that the justice of our cause may 
meet with holy sanction. 

Gull6n. 



124 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 134. 

The Minister of State to the ambassadors of His Majesty in Paris, Loftdon, 
Vienna, Berlin, Pome, St. Petersburg, and the Holy See. 

[Telegram.— Translation.] 

Madrid, Ap7'il 14, i8g8. 

The House of Representatives of the United States, after insinu- 
ating irritating and groundless charges against Spain, and setting 
forth, as a consequence of the casualty to the Maine, the most 
uncalled-for and intolerable aspersions, has passed, by an immense 
majority, a resolution authorizing the President of the Republic to 
intervene immediately, even by means of force, in the government 
and internal life of an autonomous Spanish province. If passed by 
the Senate and approved by the President, this proposition w\\\ 
raise a constitutional situation in the United States and an actual 
menace which our dignity does not deem compatible with a contin- 
uation of diplomatic relations. The Spanish Government, having 
accepted the invitation of the Holy Father and deferred to the 
counsels of the great powers, has gone to the extreme in its mod- 
eration and painful sacrifice to maintain and facilitate peace, and 
must now demonstrate — in an eventuality it considers inevitable — 
due and proper determination to defend its territory and its national 
honor. Without regard to the recital of the facts and most sali- 
ent communications during this period of our relations with the 
United States, which will soon be given to all foreign governments, 
the Spanish Government now looks to the impartiality and fairness 
of the great European powers to the end that, in the light of uni- 
versal right and Christianity, they may take cognizance of the 
attempt which, without justice, pretext, or reason, is about to be 
consummated, and may then determine upon the attitude of Europe 
on a question of such complex importance. 

Your excellency will please read this telegram to the Minister 
for Foreign Affairs. 

GULLON. 



No. 135. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram.— Translation.] 

Rome, April 13, i8g8. 
I have just read to the Minister for Foreign Affairs your excel- 
lency's dispatch, and he answers me, as heretofore, that the Italian 
Government is disposed to cooperate with the great powers to obtain 
peace. * * * 

Mazo. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 25 

No. 136. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, April 75, i8g8. 
The Senate has passed a joint resolution, even more violent than 
that of the House of Representatives. The two, being different, 
will be referred to the conference committee. 

Polo. 



No. 137. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Berlin, April 75, iSgS. 
Having read to the Secretary of State your excellency's telegram 
received this morning, he told me he would at once communicate its 
purport to the Emperor, who, as you know, is absent. I informed 
the Secretary of State how much we had done to avoid war, which 
now seems imminent, and the calmness with which we would meet 
it in defending our dignity and right. He answered that such 
seemed the fact, but that he yet had hope, because the powers were 
now planning another manifestation in a more adequate form. 

^ ^ ^ ^: ^ :J; :}: 

He said that Germany would join in the proposition, which 
should be agreed upon by all. * * * 

Mendez Vigo. 



No. 138. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

London, April 75, il 
I have communicated to the Minister for Foreign Affairs the 
text of your excellency's telegram of last night. He told me, as his 
personal opinion, that until the President of the Republic approves 
the resolution of Congress it ought not to be a matter of official 
action. * * * 

Rascon. 

No. 139. 

The Ambassador of His Majesty near the Holy See to the Minister of State. 

[Telegram. — Translation.] 

Rome, April 16, i8g8. 
Cardinal Rampolla has just sent me a reply to your excellency's 
telegram of the 14th. His Holiness says he deplores that his inter- 



126 SPANISH CORRESPONDENCE AND DOCUMENTS. 

vention, seconded by the great powers, has not brought about the 
result he desired. His Holiness does not abandon hope, although 
slender, that the effervescence of passion will be followed by the calm- 
ness of wisdom, which will open a way to an honorable settlement. 
He leaves it to the judgment and free action of the Government 
of His Majesty to adopt the measures which it may deem necessary 
for the protection of its rights and dignity; but since Spain desires 
to know the. last suggestion of the Pope so far as compatible with 
the honor and right of Spain, to which His Holiness could not be 
indifferent, he recommends not to precipitate events and to preserve 
the calmness and dignity which have won such sympathy in the 

civilized world. 

Merry. 

No. 140. 

The Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, April 18, 1898. 

Excellency: The gravity of the situation and the imminence of 
a rupture of diplomatic relations with the United States moves His 
Majesty's Government to address to the friendly powers the inclosed 
memorandum, containing a statement of facts up to this time, be- 
ginning with the commencement of the present Cuban insurrection. 

Of the two copies which accompany this royal order, one is for 
your excellency's careful examination and for filing in the archives 
of the embassy (or legation) in your charge, and the other should be 
delivered, without loss of time, to the Minister for Foreign Affairs, 
in the name of His Majesty's Government; stating that, on account 
of the rapidity with which events are taking place, it is possible that 
even at the moment of delivery of the memorandum new conditions 
may have arisen to change or modify what is therein set forth. 

The object of the Government of His Majesty is to set forth, for 
the consideration of friendly powers, the right and justice of our 
position, which offers a marked contrast to the conduct of the 
United States. 

By royal order I communicate this for your excellency's informa- 
tion and for the aforesaid action. 

Pig Gullon. 



[Inclosure.— Translation.] 
Me??iorandum. 



From the commencement of the present insurrection in Cuba in February, 1S95, 
it was evident that the insurgents were receiving moral and material support from 
the United States. Numerous filibustering expeditions have started from the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 27 

shores of North America; a committee has been meeting at New York which 
openly proclaims that it is organizing the rebellion; the flag of the pretended 
Cuban Republic has been carried on semiofficial occasions; loans for the rebels 
have been authorized; periodicals, books, and pamphlets have been published 
attacking Spain; and, in a word, many other means have been employed for 
encouraging the fratricidal struggle. 

In April, i8g6. President Cleveland, through his Secretary of State, Mr. Olney, 
offered Spain his good offices for restoring peace in Cuba. The Cabinet, presided 
over by Senor Canovas, did not feel able to accept them; but they expressed their 
gratitude to the United States, and informed them of their intention to enlarge the 
political constitution, dwelling upon the advantage of assisting in the pacification. 

While these friendly offers were being made the filibustering expeditions con- 
tinued. Nevertheless, it is only just to admit that, during the Administration of 
Mr. Cleveland, the abuses and acts of interference did not, in general, assume the 
proportions which they reached later. 

When Mr. McKinley had been President for three months the new Administra- 
tion decided to formulate, in a note dated the 26th June, 1897, bitter censures on 
the manner in which the war in Cuba was being conducted. Senor Canovas's Cabi- 
net gave a full reply to the accusations formulated by Mr. Sherman, rebutting the 
charges of inhumanity and cruelty attributed to the Spanish army, and drawing 
attention to the acts of extraordinary severity which took place in the United States 
during the war of secession. 

The arrival of Mr. Woodford, as minister plenipotentiary of the United States, 
marks a fresh epoch in our relations with that Republic. His first official actions 
made it clear that the new representative of North America had instructions toi 
approach the Cuban problem with the idea of overshadowing or limiting the! 
sovereignty of Spain. 

In his first official note, dated the 23d September, 1897, he already indicated 
this policy, making it clear that, in the opinion of his Government, the hope was 
illusory that relations could be maintained between the Peninsula and Cuba, even 
remotely similar to those formerly existing between the colony and the mother 
country. It was no doubt on this account that the United States, in again offering 
on this occasion their good offices for ending the war, made no reference, as was 
expressly done by Mr. Onley, to the decided intention of respecting Spanish 
sovereignty in Cuba. 

When the political crisis of the 5th of October t6ok place, the then Cabinet 
found itself under the necessity of replying to Mr. Woodford's note. 

This duty they carried out on the 23d of the same month, pointing out the 
advantageous position in which the Liberal Government found themselves for set- 
tling the Cuban question, owing to their rooted confidence in the establishment of 
autonomy, which, by a happy coincidence, appeared to be the same system as that 
proposed by the United States. 

Indeed, President Cleveland, in his message of the 7th December, iSq6, said 
that "if Spain offered Cuba a real measure of autonomy which, while preserving 
Spanish sovereignty, satisfied the reasonable demands of her subjects, there would 
be no just reason why the pacification of the island should not be effected on that 
basis." The Spanish Government could not believe that so categorical a declara- 
tion by the President of the United States would be disavowed and even denied 
by his immediate successor. 

On the 25th November, then, the decrees were published granting the new 
autonomous constitution to Cuba and Porto Rico, and the illustrious General 
Blanco, whose appointment merited a favorable reception from his fellow- 
countrymen and from foreigners alike, had then already proceeded to Cuba to 
establish the constitution and carry on the military operations. 



128 SPANISH CORRESPONDENCE AND DOCUMENTS. 

The President of the United States, in his message of the 6th December, 1897,. 
and Mr. Woodford, in his note of the 20th of that month, recognized the importance 
of the change effected and the loyalty and spontaneity with which His Majesty's 
Government acted, but both also took care to hint that the scheme must be judged 
by its results, and that, therefore, all that could be expected of the United States 
was good will in waiting until, in the near future, it should be known whether the 
indispensable conditions had been realized of a peace just alike to Spain and Cuba 
and equitable to the United States. 

The reserve with which the new autonomous constitution was received shows 
that there was a preconceived plan to render it nugatory and cause it to break 
down in order to realize the covetous and traditional ambition of North America. 

The year i8g8 opened with the formation of the insular government of Cuba. 
It was not long before its beneficial effects made themselves felt as anticipated. 
Many rich men who had voluntarily emigrated from Cuba returned to their homes; 
discord and doubt began to appear in the insurgent ranks; important adhesions 
took place; and so much confusion was produced in the rebel armies that it became 
necessary for their chiefs to impose exemplary and severe punishments and threaten 
with the penalty of death those who attempted to give in their adhesion. 

From that moment the change in the attitude of the United States also became 
more pronounced. 

A mutiny which broke out at Habana in the early part of January, but which 
had no concern with the American colony in that town, served as a pretext for 
sending the Maine to the capital of Cuba without any notice, except a message sent 
a few hours before her arrival, and from the same date the North American squad- 
ron was made ready and warlike preparations were made with the plain object, or 
at least the inevitable result, of reviving the sinking spirits of the insurgents in the 
prospect of an international conflict. 

Assistance to the " reconcentrados " in Cuba, generously permitted by Spain, 
also served as a pretext for sending other ships to the ports of the island; and 
although His Majesty's Government, as a rule, prevented the supplies from being 
sent in men-of-war, the mischievous purpose of America was no less clear. 

Meanwhile, on the 1st February, His Majesty's Government replied to Mr. 
vVoodfbrd's second note of the previous 20th December, and, while combating the 
erroneous statements respecting neutrality, established the true and honorable 
doctrine of the duties of international amity, indicating the rights of Spain, and 
addressing a fresh appeal to the United States to cooperate in the work of peace, 
justice, and autonomy undertaken by the Spanish Government in Cuba. 

The incident of the publication of a private letter of the Spanish minister at 
Washington, Senor Dupuy de Lome, which His Majesty's Government settled by 
accepting his resignation, and the terrible catastrophe of the blowing up of the 
Maine have been skillfully exploited to provoke a conflict between Spain and 
the United States. 

The eager charity with which both the authorities and private persons tended 
the victims of the horrible catastrophe of the Maine did not suffice to stop the in- 
famous calumny which attributes the responsibility to Spain. The American 
naval commission refused to carry on its work of investigation side by side and 
conjointly with the Spanish commission, and on the ground of the extraterritoriality 
of the vessel refused the Spaniards permission to enter it to make their examina- 
tion. For their part, eager to save the commander and surviving officers from re- 
sponsibility, they reported to the effect that the explosion was the result of an 
external cause. This report naturally excited men's minds and gave rise to ran- 
cor against Spain, as hot as it was unjustifiable. The President of the Republic, 
unwilling to treat the matter as between Government and Government, and without 



SPANISH CORRESPONDENCE AND DOCUMENTS. I 29 

even waiting to receive the Spanish report, which maintains the contrary theory — 
that is, that the explosion was caused by occurrences or action from within — 
brought the matter before the Chambers, where, as was to be foreseen, it produced 
an outburst of passion. Nevertheless, the Spanish Government, sure that neither 
itself nor its officers, nor even any of its subjects, were under any responsibility 
for this lamentable misfortune, showed and continues to show itself calm, and 
has offered to submit the matter to the decision of one or more impartial arbitra- 
tors, whose award it is ready to accept. 

The determined intention of exploiting the blowing up of the Maine as a means 
of exciting political passions thus became clear and obvious from the moment 
when the noble and honorable proposal made by Spain to submit the question to 
arbitration was refused. 

During the whole time which has passed up to now — that is, during a period 
of three years — the incidents occasioned by the United States have been infinite 
and their harassing protests as vexatious as they have been numerous. 

His Majesty's Government, animated by a spirit of accommodation and desirous 
of attaining and securing a peace which offered the only termination of those 
incidents, made all the concessions possible, incurring at times unpopularity or 
blame among its fellow-citizens and dependents. Thus, in the case of the Alliance 
and in the payment of the Mora indemnity; in offering explanations for the lecture 
of the naval officer, Senor Concas; in at once liberating the leaders, Pancho Car- 
rillo and Sanguily, and subsequently all those implicated in the insurrectionary 
movement; in acceding to the suspension of the execution of the pirates of the fili- 
bustering schooner Competitor and afterwards pardoning them; in granting per- 
mits for the exportation of tobacco, which destroyed the effect of. the decree of 
prohibition; in submitting to an international commission of inquiry the supposed 
murder of the dentist Ruiz; in giving permission for the duty-free entry of the 
supplies sent to the reconcentrados (a permission which has led to cases of scandal- 
ous fraud); and, lastly, in consenting to the journey of the lady president of the 
American Red Cross to Cuba, His Majesty's Government has given too many 
proofs of its determination to walk in the paths of peace and cordiality of interna- 
tional relations. 

Instead of meeting these numerous concessions, which may be characterized asi 
true sacrifices, the United States have continued their persistent campaign of' 
demands, while their consuls in Cuba adopted an attitude of provocation; encour- 
aging the fraudulent and clandestine naturalization of Cubans; requiring the send- 
ing of supplies to the reconcentrados; presenting numerous and absurd claims for 
supposed injuries to naturalized citizens; protecting those who had taken up arms 
against Spain; giving an arbitrary and unjudicial interpretation to the treaty of 
1795 and the protocol of 1S77; constantly maintaining violent discussions in Con- 
gress, during which unheard-of insults were hurled at Spain — finally concentrat- 
ing and arming their squadrons and making military preparations, which are a 
constant menace to the Spanish nation. 

And, as if this great provocation and constant pressure were not sufficient, the 
United States, through Mr. Woodford, and without previous explanation or any 
justification for their precipitation, demanded on the 23d March that a proposal 
should be made in a very short time for bringing about immediate and permanent 
peace in Cuba, threatening that if the proposal did not appear to them satisfactory 
the President would submit to the American Congress, at the same time as the 
Maine report, the Cuban question as a whole. 

President McKinley has already forgotten his promise to allow Spain a reason- 
able term for trying autonomy; Mr. Woodford puts aside his own statement con- 
tained in his note of the 2d December, 1897, to the effect that the work undertaken 
S D C 9 



130 SPANISH CORRESPONDENCE AND DOCUMENTS. 

in Cuba required time for development and taking root; and before three njonths 
had elapsed since the establishment of the new constitution, and before enough 
time has passed to assemble and consult the insular parliament, the United States 
call the autonomy a failure, and, surprised that the pacification is not an accom- 
plished fact, require that it should be completed in a very few days, as if it only 
depended on the will of the mother country. 

His Majesty's Government, restraining their natural and patriotic impulse to 
reply to such unwarrantable demands as they deserved, protested on the 25th March 
that the report on the blowing up of the Maine should not be submitted to a deliber- 
ative Chamber, both numerous and passionate, and, observing that the peace of 
Cuba would be attained both easily and speedily if only the United States would put 
in practice some of the just measures suggested to them by His Majesty's Govern- 
ment, it pointed out that it must necessarily reckon with the parliament and gov- 
ernment of the island for the preparation of an honorable and immediate peace in 
the island of Cuba. 

This reply did not appear sufficient to the Washington Cabinet, and, on the 29th 
March, at an interview which Mr. Woodford requested with the President of the 
Council, Senor Sagasta, and the Ministers of State and of the Colonies, he presented 
a memorandum, which contained the American pretensions. 

This short paper clearly states that the United States do not desire possession 
of Cuba, but only its immediate pacification, and proposes as a means of securing 
it the concession of an armistice, to be prolonged until the ist October, during 
which peace should be negotiated between Spain and the insurgents, Spain count- 
ing for that purpose on the friendly offices of the President of the United States, 
granting an immediate repeal of the order for reconcentration and allowing the 
North American Federation to continue sending help. 

Again His Majesty's Government restrained their patriotic impulses, and, as a 
sacrifice to peace — the highest blessing of nations— presented definitively the conclu- 
sions at which it had arrived, setting them forth in the four following points: 

1. Spain is ready to submit to arbitration the differences which may arise with 
regard to the Maine catastrophe. 

2. General Blanco, under the instructions of the Central Government, has can- 
celed the decree of reconcentration as regards the western Provinces, and, although 
this measure can not be fully carried out until the determination of military opera- 
tions, the Government places at the disposal of the Governor-General a credit of 
3,000,000 pesetas, in order that the countrymen may return at once, and with suc- 
cess, to their work. 

The Government will, moreover, accept the supplies sent by the United States, 
provided they are sent to Cuba in merchant vessels and distributed by the'Spanish 
protective committees. 

3. The Spanish Government, more interested than that of the United States in 
giving an honorable and stable peace to the Great Antilla, propose to intrust its 
preparation to the insular parliament, although it must be understood that the 
powers reserved by the constitution to the Central Government are not on this 
account lessened or diminished. 

4. As the Cuban chambers will not meet till the 4th May, the Spanish Govern- 
ment would see no inconvenience in accepting an immediate suspension of 
hostilities if asked for by the insurgents of the general in chief, whose duty it will 
be to determine its duration and conditions. 

Still the Government of the United States are not satisfied. To the proposal of 
arbitration respecting the ^/rt?«^ question^ they reply by submitting to the Congress 
the report of the American sailors, and, as regards the pacification and the truce, 
they insist on their original demands. 



SPANISH CORRESPONDENCE AND DOCUMENTS. I31 

The Spanish Government concedes no more, nor could it do so. In what con- 
cerns the Washington Cabinet it had reached the limit at which concession is 
compatible with the national self-respect and dignity. Consequently, after the last 
vexatious exchange of proposals, it considered as imminent the conflict which it 
had made so many sacrifices to avoid. 

In this position of affairs the common Father of the Faithful, His Holiness Leo 
XIII, offered to Spain and the United States his friendly and pacific offices, and, 
with the object of giving effect to his fatherly mediation, urged upon Spain the 
request that she would grant a suspension of hostilities in Cuba. At the same 
time the six great powers, also undertaking the work of peace — appreciated by 
Spain at its full value — approached the President of the United States at Washing- 
ton, and, in a collective note, expressed to him their desire that the conflict might 
be settled peacefully by means of fresh diplomatic negotiations. They also sub- 
mitted similar language to the Spanish Government in a confidential and collective 
manner, but in the warmest and most expressive terms, and giving clear proof of 
their affection for the Spanish nation they supported the request of the Holy 
Father in regard to the suspension of hostilities. 

His Majesty's Government, who on this point had pronounced the last word 
which they could address to the United States, could not refuse to listen to the 
prayers of the head of their religion and of the European powers, who are their 
companions and sincere friends in the concert of nations. 

They assented, therefore, to the request of His Holiness, and, deferring to the 
friendly counsels of the great powers of Europe, who assured them that there was 
no derogation to their national honor in doing so, finally consented, on the gth 
instant, to the suspension of hostilities in Cuba, which was published the follow- 
ing day in the Habana Gazette, leaving to the discretion of General Blanco the 
settlement of its duration and conditions. 

This fresh and painful sacrifice, accepted by Spain in order to maintain and 
facilitate peace, did not receive the appreciation which it merited from the 
Government of North America, whose President addressed to the Chambers on 
the nth a message which is an offense to truth, to right, and to the legitimate 
sovereignty of Spain in Cuba. 

This is not the place to disprove the facts or impugn the arguments put 
forward in that message; let it suffice to say that the Spanish Government reject 
both alike, and that, in face of the absurd and provocative doctrine of interven- 
tion, upheld by the President of the United States without the support of any 
argument but force, or any but arbitrary reasons, the Spanish Government and 
the whole people of Spain maintain their absolute sovereignty over the Spanish 
Antilles, which were discovered, peopled, civilized, and enriched by the legitimate 
descendants of those who opened up the American Continent to the light of 
progress and Christianity. 

The House of Representatives of the United States, after imputing to Spain 
irritating and unjustifiable charges, and spreading, in connection with the Maine 
incident, the most gratuitous and intolerable calumnies, has passed, by an immense 
majority, a resolution authorizing the President of the Republic to intervene forth- 
with, by force of arms if necessary, in the government and internal affairs of an 
autonomous Spanish province. By the Senate another resolution has been passed, 
still more violent and aggressive, and when one of these resolutions, or another 
similar to them and formed out of the two, is approved by both Chambers and 
authorized by the President, it will constitute in the United States a situation in 
law and an actual threat which our dignity can not hold compatible with a con- 
tinuance of diplomatic relations. 



132 SPANISH -CORRESPONDENCE AND DOCUMENTS. 

The pretext of humanity, by which it is desired to cover the ambitious aspira- 
tions of the United States, who claim to exercise an absolute hegemony over the 
continent discovered and, in great part, conquered by Spain, is a completely false 
one; for Spain, far from tyrannizing over the island of Chba, has endowed it with 
all the elements of prosperity which exist, and, since the peace of Zanjon, by an 
uninterrupted series of patriotic concession, has granted it all the liberties enjoyed 
by the happiest peoples, making it, by means of autonomy, the arbiter of its own 
destinies, having regard to the national integrity of Spain. 

The Spanish Government can not admit that the United States are aiming only 
at bringing about peace in Cuba by means of its liberty and independence. 

In an official note of the 4th April, 1896, Mr. Olney said to the Spanish minister 
at Washington: 

"There are most powerful reasons for fearing that, if Spain should withdraw 
from the island of Cuba, the only bond of union would disappear which exists 
among the different factions of the insurgents; that a race war would begin, all the 
more bloody for the experience and discipline acquired during the insurrection; 
and that, even if the island were to enjoy a temporary peace, it would only be 
thanks to the establishment of one white republic and one black, which, if they 
agreed at first as to the division of the island, would, being enemies from the first, 
never rest until one of them had completely reduced and subdued the other." 

This truth, so spontaneously recognized by Mr. Olney, can not be hidden from 
the perspicacity of President McKinley and the North American Chambers; on the 
contrary, it is taken into consideration, for the intestine war, the struggle of races, 
and the general disorder, which would be the immediate corollary of independ- 
ence, would afford the United States a pretext for the armed intervention and the 
annexation which appears to be their real and constant ultimate object. So evident 
is this that even now there are many in the United States who object to independ- 
ence as a step as useless and unnecessary as it is mischievous, and they preach the 
establishment of a government which, as it must not be either Spanish or formed 
by the insurgents, would necessarily in one form or another be dependent upon the 
United States. 

Such open and criminal robbery will be opposed by the Spanish people with 
right on their side, and in the firm and determined intention to maintain and 
defend it wherever it is challenged. Spain does not yield, and can not yield, her 
sovereignty in Cuba. 

President McKinley, in his annual message, had stated that he would only 
resort to the use of force when the necessity for such a measure was so obvious as 
to command the support and approval of the civilized world, and, nevertheless, in 
spite of the fact that the great powers have expressed their desire for peace, point- 
ing out to him that he should have recourse to diplomatic methods, and put aside 
violent measures, he places himself in opposition to public opinion and follows 
out imperturbed, or rather now puts into practice, his schemes of premeditated 
aggression. 

While the present conflict is being settled, the facts of the case and irrevocable 
determination of Spain being thus set forth. His Majesty's Government only desire 
to make known to the civilized world that reason and right are on their side and 
provocation and injustice on that of the United States. 

His Catholic Majesty's Minister of State, 
Madrid, April 18, i8gS. Pio Gullon. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 33 

No. 141. 
The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

London, April 18, i8g8. 
The Under Secretary for Foreign Affairs tells me that the delay 
imposed by the differences of the two Houses of Congress of the 
United States should give time for the Spanish Government to 
secure the submission of the insurgents before the President of the 
Republic takes action. The English Government is much engaged 
to-day with the Cuban question. * * * 

Rascon. 



No. 142. 

The Minister Plenipotentiary of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Washington, April 18, i8g8. 
The House of Representatives has adopted the Senate resolu- 
tion, except the part relative to the recognition of the so-called 
republic. The resolution, with this amendment, has passed the 
Senate. 

Polo. 



No. 143. 

The Minister Plenipotentiary of His Majesty to the Mifiister of State. 

[Telegram. — Translation.] 

Washington, April 18, i8g8. 
Both Houses have just adopted the following joint resolution: 

Whereas the abhorrent conditions which have existed for more than three years 
in the island of Cuba, so near our own borders, have shocked the moral sense of 
the people of the United States, have been a disgrace to civilization, culminating 
as they have in the destruction of a United States battle ship, with two hundred 
and sixty-six of its officers and crew, while on a friendly visit in the harbor of 
Havana, and can not longer be endured, as has been set forth by the President 
of the United Slates in his message to Congress of April eleventh, eighteen hun- 
dred and ninety-eight, upon which the action of Congress was invited: Therefore, 

Resolved by the Senate and House of Representatives of the United States of America 
in Congress assembled. First. That the people of the island of Cuba are, and of right 
ought to be, free and independent. 

Second. That it is the duty of the United States to demand, and the Govern- 
ment of the United States does hereby demand, that the Government of Spain at 
once relinquish its authority and government in the island of Cuba, and withdraw 
its land and naval forces from Cuba and Cuban waters. 



134 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Third. That the President of the United States be, and he hereby is, directed 
and empowered to use the entire land and naval forces of the United States, and 
to call into the actual service of the United States the militia of the several States, 
to such extent as may be necessary to carry these resolutions into effect. 

Fourth. That the United States hereby disclaims any disposition or intention to 
exercise sovereignty, jurisdiction, or control over said island, except for the pacifi- 
cation thereof, and asserts its determination, when that is accomplished, to leave 
the government and control of the island to its people. 

The vote of the Senate was 42 to 35 ; that of the House, 310 to 6. 

I am informed the President will sign it to-day, in which case I 

shall ask for my passports and leave for Canada. 

Polo. 



No. 144. 

The Minister of State to the Minister Plenipotentiary of His Majesty in 

Washington. 

[Telegram. — Translation.] 

Madrid, April ig, i8g8. 

Following my previous instructions, I direct your excellency to 
ask for your passports as soon as the President signs the resolution 
adopted by both Houses, withdrawing, with all the diplomatic staff, 
to Canada. 

Regarding the consuls, I give your excellency full authority to 
proceed according to your discretion and as circumstances may 
dictate. 

GULLUN. 



No. 145. 
The Minister Plenipotentiary of His Majesty to the Alinister of State. 

[Telegram. — Translation.] 

Washington, April 20, i8g8. 
The President has just signed the resolution. I have addressed 
the following note to the Secretary: 

Mr. Secretary: The resolution adopted by the Congress of the United States 
of America, and approved to-day by the President, is of such nature that my con- 
tinuance in Washington becomes impossible and obliges me to request of you the 
delivery of my passports. 

The protection of Spanish interests will be intrusted to the French ambassador 
and the Austro-Hungarian minister. 

On this occasion, very painful to me, I have, etc., 

Luis Polo de Barnabe. 

I have received from the Department of State copy of the 
instructions addressed to Woodford. The part which interests us 
is as follows : 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 35 

If by the hour of noon on Saturday next, the 23d day of April, instant, there be 
not communicated to this Government by that of Spain a full and satisfactory 
response to this demand and resolution, whereby the ends of peace in Cuba shall be 
assured, the President will proceed without further notice to use the power and 
authority enjoined and conferred upon him by the said joint resolution to such 
extent as may be necessary to carry the same into effect. 

I leave to-night for Canada. Polo. 



No. 146. 

The Minister of State to the A/i/iistei- Plenipotentiary of the United States. 

[Translation.] 

Palace, April 21, iSgS. 

Excellency: In compliance with a painful duty, I have the 
honor to inform your excellency that, the President having ap- 
proved a resolution of both Chambers of the United States which, 
in denying the legitimate sovereignty of Spain and in threatening 
armed intervention in Cuba, is equivalent to an evident declaration 
of war, the Government of His Majesty has ordered its minister 
in Washington to withdraw without loss of time from American 
territory with all the personnel of the legation. By this act the 
diplomatic relations which previously existed between the two 
countries are broken off, all official communication between their 
respective representatives ceasing, and I hasten to communicate 
this to your excellency in order that on your part you may make 
such dispositions as seem suitable. 

I beg your excellency to kindly acknowledge the receipt of this 
note, and I avail, etc., 

PlO GULLON. 



No. 147. 

The Minister of the United States to the Minister of State. 

Legation of the United States, 

Madrid, April 21, i8g8. 
Excellency: I have the honor to acknowledge the receipt this 
morning of your note of this date informing me that the Spanish 
minister at Washington has been ordered to withdraw with all his 
legation and without loss of time from American territory. You 
also inform me that by this act diplomatic relations between the 
two countries are broken off; that all official communication be- 
tween their respective representatives ceases. I have accordingly 
this day telegraphed the American consul-general at Barcelona to 



136 SPANISH CORRESPONDENCE AND DOCUMENTS, 

instruct all the consular representatives of the United States in 
Spain to turn their respective consulates over to the British consuls 
and to leave Spain at once. I have myself turned this legation over 
to Her Britannic Majesty's embassy at Madrid. That embassy will 
from this time have the care of all American interests in Spain. 
I now request passports and safe conduct to the French frontier for 
myself and the personnel of ihis legation. I intend leaving this 
afternoon at 4 o'clock for Paris. 

I avail, etc., Stewart L. Woodford. 



No. 148. 

The Minister of State to the representatives of His Majesty abroad. 

[Circular telegram. — Translation.] 

Madrid, ^/r// 27, i8g8. 
The President having approved the resolution of both Houses, 
which, in denying Spanish sovereignty and threatening armed inter- 
vention in Cuba, is equivalent to a declaration of war, our minister 
at Washington withdrew last night, with the personnel of the lega- 
tion, according to his instructions. This morning Mr. Woodford 
was notified that diplomatic relations between the two countries 
were broken off and that all official communication between the 
respective countries had ceased. The Government of His Majesty, 
in acting in this manner, proposed to avoid receiving the American 
ultimatum, which would have constituted a fresh offense. The 
representative of the United States understood this, and limited 
himself to asking for his passports and will leave this afternoon on 
the express train for France. 

GULLON. 



No. 149. 
The Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, April 2j, i8g8. 

ExcellExNcy: I have the honor to inclose two copies of another 
memorandum, one of which you will deliver as speedily as possible 
to the Minister for Foreign Affairs, preserving the other for the 
embassy (or legation) archives in your charge. 

The object of His Majesty's Government in sending this com- 
munication to the powers is to complete the relation of events and 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 37 

to set forth the circumstances under which Spain is going to a war 
provoked by the United States. 

By royal order I state the foregoing for your excellency's infor- 
mation and the indicated action. 

PlO GULLUN. 



[Inclosure. — Translation.] 
Meniora ndum . 

The Spanish people and Government, arbitrarily and unjustly provoked, find 
themselves under the hard necessity of appealing to force in order to repel the 
scandalous attack of which they are made the object, and to defend the historical 
integrity of their country's territory and at the same time their integrity and honor. 

Few cases can be named in the course of centuries in which the right is clearer 
on the one side and the insult more open on the other; on the side of the United 
States appear provocation, disloyalty, and the promptings of the most unbridled 
ambitions. Elated by the power given them by their enormous population and their 
immense wealth, the North Americans absolutely fail in the duties and considera- 
tion for others which are imposed on the strong as well as the weak by morality 
and the necessary relations in the concert of the powers, and, moved by blind and 
insane greed, they have favored, surreptitiously but effectively, a rebellion sup- 
ported by the less estimable portion of the population of Cuba. In order to gain 
the object aimed at they have not shrunk from employing the basest methods. 
If a fresh proof of their execrable conduct was required it has been furnished by 
Consul-General Lee, who, after remaining about three years at Habana, protected 
by the immunity conferred upon him by his office, now reveals to the world, with 
unexampled coolness, the conspiracy in which he was engaged, and proposes to 
crown his work by leading or commanding the first troops sent by the United 
States to land in Cuba. It is difficult to find another instance of such conduct in 
the annals of diplomacy or the consular service. 

Continuing their unparalleled campaign of provocation, the North American 
Congress finally passed, on the 19th instant, a joint resolution which not only 
denies the sovereignty of Spain in Cuba, but also threatens the employment of 
force to drive the national army and navy from the island. 

In order to give an idea of the insolent terms in which this resolution is 
couched, it is necessary to copy it without altering its peculiar style. It is as 
follows: 

"Whereas the abhorrent conditions which have existed for more than three 
years in the island of Cuba, so near our own borders, have shocked the moral 
sense of the people of the United States, have been a disgrace to Christian civiliza- 
tion, culminating as they have in the destruction of a United States battle ship, 
with two hundred and sixty-six of its officers and crew, while on a friendly visit 
in the harbor of Havana, and can not longer be endured, as has been set forth by 
the President of the United States in his message to Congress of April eleventh, 
eighteen hundred and ninety-eight, upon which the action of Congress was invited: 
Therefore, 

'"■Resolved by the Senate and House of Representatives of the United States of America 
in Congress assembled. First. That the people of the island of Cuba are, and of right 
ought to be, free and independent. 

"Second. That it is the duty of the United States to demand, and the Govern- 
ment of the United States does herebv demand, that the Government of Spain at 



138 SPANISH CORRESPONDENCE AND DOCUMENTS. 

once relinquish its authority and Government in the island of Cuba, and withdraw 
its land and naval forces from Cuba and Cuban waters. 

"Third. That the President of the United States be, and he hereby is, directed 
and empowered to use the entire land and naval forces of the United States, and to 
call into the actual service of the United States the militia of the several States, to 
such extent as may be necessary to carry these resolutions into effect. 

"Fourth. That the United States hereby disclaims any disposition or intention 
to exercise sovereignty, jurisdiction, or control over said island, except for the paci- 
fication thereof, and asserts its determination, u<hen that is accomplished, to leave the 
government and control of the island to its people." 

The words copied in italics near the end sufficiently explain the intentions of 
the North Americans. They were written to deceive the Cuban insurgents and to 
obtain their cooperation; but if the United States attain their object it is certain 
that they will never declare the island pacified until, by the exercise of every kind 
of pressure, they are assured that the coveted annexation is a fact. 

On the 20th the President of the United States signed the insensate resolution, 
which thus became law, and the moment, anticipated in my previous memoran- 
dum, when the continuation of diplomatic relations would have been incompatible 
with the dignity of Spain arrived. Under instructions from His Majesty's Govern- 
ment the Spanish plenipotentiary, Sefior Polo de Bernabe, addressed a note to Mr. 
Sherman, Secretary of State, informing him that it was impossible for him to 
remain at Washington, and asking for passports for him and all the members 
of his mission. The note stated that the representatives of France and Austria- 
Hungary had kindly undertaken the charge of Spanish interests in America. 

As soon as I received the official telegram announcing that the President had 
approved the joint resolution, I hastened to address to Mr. Woodford, the repre- 
sentative of the United States at Madrid, with the approval of the Cabinet, a note 
pointing out to him that the denial of the legitimate sovereignty of Spain in Cuba 
and the threat of immediate armed intervention were equivalent to a clear declara- 
tion of war, and that His Majesty's Government had therefore instructed their 
representative to leave Washington, and considered that their relations with the 
United States were broken off. Mr. Woodford asked for his passports the same 
day and left Madrid. 

According to trustworthy information received subsequently, the American 
Cabinet had prepared an ultimatum, which Mr. Woodford did not succeed in pre- 
senting to His Majesty's Government because the latter had hastened to declare 
that their relations with the United States were broken off. In view of the terms 
of the resolution voted by the Congress and approved by the President, the ulti- 
matum could not have contained anything but fresh insults to Spain, which it was 
the duty of His Majesty's Government to prevent at all hazards. To the last, and 
throughout this long business, which began in February, 1895, provocation, offense, 
and the declaration of war came from the side of the United States. Spain, strong 
in her right, has confined herself to replying to the attacks and to accepting at last 
the challenge thrown to her with the fortitude and manliness of her race. 

The Spanish people and Government await the shock quietly, resolved each 
and all to sell their lives dearly, and to defend, by all the means at their disposal, the 
legitimate and historical integrity of the territory. Without absurd boasting, but 
with the fierce energy by which it has been able to conquer an enviable name and 
glory in history, the Spanish people will defend in arms their right to remain in 
America, without being appalled by the magnitude of the enterprise or by the 
enormous superiority of the means at the disposal of their adversary. 

The great majority of the Cuban people feel that they are Spanish, and wish to 
remain Spanish. They have so informed the President of the United States, 



SPANISH CORRESPONDENCE AND DOCUMENTS. I 39 

through the authorized organ of their responsible autonomous government, stating 
that independence would be their ruin, and that what they aim at and desire, by 
virtue of their perfect right to be governed as a free people, is to live under the 
sovereignty of Spain with an autonomy insuring the enjoyment of all liberties. 
Accordingly, the people of the Peninsula and the loyal Cubans, sons of the same 
mother and citizens of the same country, will fight side by side against the greed 
of the North Americans and will oppose the breaking of the sacred and indissoluble 
tie which binds the Spanish Antilles to their ancient and beloved mother country. 

Pio Gui.l6n, 

Minister of State of His Catholic Majesty. 
Madrid, April 2j, iSg8. 



PART II. 



DIPLOMATIC NEGOTIATIONS FROM THE BEGINNING OF 
THE WAR WITH THE UNITED STATES UNTIL THE 
SIGNING OF THE PROTOCOL AT WASHINGTON AND 
CORRESPONDENCE CONCERNING THE INTERPRETA- 
TION AND FULFILLMENT OF THE PROTOCOL. 



TRANSLATION. 



(Documents presented to the Cortes in the Legislature of iSp.S by the Minister of State.) 



141 



ADHESION OF SPAIN TO THE ADDITIONAL ARTICLES OF THE 
CONVENTION OF GENEVA OF OCTOBER 20, 1868. 



No. I. 

The President of the Stviss Confederation to the Minister of State. 

[Translation.] 



Berne, April 20, u 

Mr. Minister: The international conference of October 20, 1868, 
held in Geneva, adopted a project of additional articles to the con- 
vention of August 22, 1864, which interpret certain provisions of this 
convention and extend its effects to marine warfare. 

This project not having received diplomatic sanction can not be 
considered a treaty in force. Nevertheless, Germany and France 
consented, in 1870, to the proposal of the Federal Council to apply 
the additional articles, as a modus vivendi, during the time hostili- 
ties continued. 

All the signatory states of the Convention of Geneva voluntarily 
left to the Federal Council the initiative which, in its quality of 
intermediary organ, it might deem desirable for a philanthropic end. 

The situation to-day is the more grave in this instance, because, 
unlike the war of 1870. the campaign about to begin will have 
essentially the character of a maritime struggle, and the additional 
articles relative to naval forces will be of much more frequent appli- 
cation than those of the principal convention. Any lack of under- 
standing in maritime affairs would be, therefore, much more serious 
in this case. 

For this reason the Federal Council has charged me to particu- 
larly recommend to your excellency, and to the Cabinet of Wash- 
ington, the same measures Switzerland, in 1870, recommended to 
Germany and France, proposing to both Governments that there be 
put in vigor, as a modus vivendi, during the whole time of hostili- 
ties, the additional articles of October 20, 1868, as they have been 
modified at the instance of France and interpreted by France and 
Great Britain. 

Inclosed your excellency will find an exposition which contains 
the text of the additional articles, the modification of Article IX 
proposed by France, and the notes exchanged between England and 
France respecting the contents of Article X. 

It is understood that by note of your legation of September 7, 
1872, the Government of His Majesty declared itself ready to adhere 

143 



144 SPANISH CORRESPONDENCE AND DOCUMENTS. 

to the additional articles of October 20, 1868, and the President of 
the United States made a similar declaration under date of March 
I, 1882. 

The Federal Council has therefore grounds for expecting that the 
two Governments, appreciating the motive, will come to an under- 
standing for the purpose of adopting, as a modus vivendi, a measure 
which has for its object the assurance of the application on the sea 
of the humane principles consecrated by the Geneva Convention. 

Begging your excellency to have the kindness to inform me of 
the reception the Government of Her Majesty the Queen Regent 
may give to the proposition of the Federal Council, I avail, etc.. 
The President of the Swiss Ccm/ederation, 

RUFFY. 



[Inclosure. — Translation.] 

AoDrrioNAL Articles to the Convention of Geneva. 

(October 20, 1868.) 

In 1S6S the Swiss Federal Council took the initiative in convoking an interna- 
tional conference for the purpose of revising the Convention of Geneva of August 
22, 1864, for the amelioration of wounded in the field. 

This conference, at which fourteen states were represented, met in Geneva on 
October 5, 1868. It was decided to leave intact the convention of 1864 and to 
adopt certain additional articles defining the provisions of that convention, and to 
extend its provisions to forces at sea. It was agreed that the additional articles 
adopted unanimously should have merely the character of a draft, or project. 

On the 20th of October a project of fifteen articles, of which five related to the 
convention of 1864 and ten to marine warfare, were adopted and signed by the dele- 
gates of the fourteen powers represented at the conference. 

This project is to the following effect; 

The Governments of northern Germany, Austria, Baden, Bavaria, Belgium, 
Denmark, France, Great Britain, Italy, Netherlands, Sweden and Norway, Swit- 
zerland, Turkey, and Wurttemberg, desiring to extend to marine warfare the advan- 
tages of the Convention of Geneva of August 22, 1864, for the amelioration of the 
wounded in the field and to define some of the provisions of the said convention, 
have agreed, through their duly authorized representatives, on the following: 

"Article I. The .persons designated in Article II of the convention shall, after 
the occupation by the enemy, continue to fulfill their duties, according to their 
wants, to the sick and wounded in the ambulance or the hospital which they serve. 
When they request to withdraw, the commander of the occupying troops shall fix 
the time of departure, which he shall only be allowed to delay for a short time in 
case of military necessity. 

"Art. II. Arrangements will have to be made by the belligerent powers to 
insure to the neutralized person, fallen into the hands of the army of the enemy, 
the entire enjoyment of his salary. 

"Art. III. Under the conditions provided for in Articles I and IV of the con- 
vention, the name 'ambulance' applies to field hospitals and other temporary 
establishments which follow the troops on the field of battle to receive the sick 
and wounded. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 45 

"Art. IV. In conformity with the spirit of Article V of the convention, and to 
the reservations contained in the protocol of 1864, it is explained that for the 
appointment of the charges relative to the quartering of troops, and of the contribu- 
tions of war, account only shall be taken in an equitable manner of the charitable 
zeal displayed by the inhabitants. 

"Art. V. In addition to Article VI of the convention, it is stipulated that, with 
the reservation of officers whose detention might be important to the fate of arms 
and within the limits fixed by the second paragraph of that article, the wounded 
fallen into the hands of the enemy shall be sent back to their country after they 
are cured, or sooner if possible, on condition, nevertheless, of not again bearing 
arms during the continuance of the war. 

[articles concerning the marine.] 

"Art. VI. The boats which, at their own risk and peril, during and after an 
engagement pick up the shipwrecked or wounded, or which, having picked them 
up, convey them on board a neutral or hospital ship, shall enjoy, until the accom- 
plishment of their mission, the character of neutrality, as far as the circumstances 
of the engagement and the position of the ships engaged will permit, 

"The appreciation of these circumstances is intrusted to the humanity of all the 
combatants. The wrecked and wounded thus picked up and saved must not serve 
again during the continuance of the war. 

"Art. VII. The religious, medical, and hospital staff of any captured vessel are 
declared neutral, and, on leaving the ship, may remove the articles and surgical 
instruments which are their private property'. 

"Art. VIII. The staff designated in the preceding article must continue to ful- 
fill their functions in the captured ship, assisting in the removal of the wounded 
made by the victorious party; they will then be at liberty to return to their country, 
in conformity with the second paragraph of the first additional article. 

" The stipulations of the second additional article are applicable to the pay and 
allowance of the staff. 

"Art. IX. The military hospital ships remain under martial law in all that con- 
cerns their stores; they become the property of the captor, but the latter must not 
divert them from their special appropriation during the continuance of the war. 

"Art. X. Any merchantman, to whatever nation she may belong, charged ex- 
clusively with removal of sick and wounded, is protected by neutrality, but the 
mere fact, noted on the ship's books, of the vessel having been visited by an 
enemy's cruiser renders the sick and wounded incapable of serving during the 
continuance of the war. The cruiser shall even have the right of putting on board 
an officer in order to accompany the convoy and thus verify the good faith of the 
operation. 

" If the merchant ship also carries a cargo, her neutrality will still protect it, 
provided that such cargo is not of a nature to be confiscated by the belligerent. 

"The belligerents retain the right to interdict neutralized vessels from all com- 
munication, and from any course which they may deem prejudicial to the secrecy 
of their operations. In urgent cases special conventions may be entered into be- 
tween commanders in chief, in order to neutralize temporarily and in a special 
manner the vessels intended for the removal of the sick and wounded. 

"Art. XI. Wounded or sick sailors and soldiers, when embarked, to whatever 
nation they may belong, shall be protected and taken care of by their captors. 

" Their return to their own country is subject to the provisions of Article VI of 
the convention and of the additional Article V, 

"Art. XII. The distinctive flag to be used with the national flag, in order 
to indicate any vessel or boat which may claim the benefits of neutrality, in 
virtue of the principles of this convention, is a white flag with a red cross. The 
S D C 10 



146 SPANISH CORRESPONDENCE AND DOCUMENTS. 

belligerents may exercise in this respect any mode of verification which they may 
-deem necessary. 

"Military hospital ships shall be distinguished by being painted white outside, 
with green strake. 

"Art. XIII. The hospital ships which are equipped at the expense of the aid 
societies, recognized by the governments signing this convention, and which are 
furnished with a commission emanating from the sovereign, who shall have given 
express authority for their being fitted out, and with a certificate from the proper 
naval authority that they have been placed under his control during their fitting 
out and on their final departure, and that they were then appropriated solely to the 
purpose of their mission, shall be considered neutral, as well as the whole of their 
staff. They shall be recognized and protected by the belligerents. 

"They shall make themselves known by hoisting, together with their national 
flag, the white flag with a red cross. The distinctive mark of their staff, while 
performing their duties, shall be an armlet of the same colors. The outer painting 
of these hospital ships shall be white with red strake. 

"These ships shall bear aid and assistance to the wounded and wrecked bel- 
ligerents without distinction of nationality. 

"They must take care not to interfere in any way with the movements of the 
combatants. During and after the battle they must do their duty at their own risk 
and peril. 

"The belligerents shall have the right of controlling and visiting them; they 
will be at liberty to refuse their assistance, to order them to depart, and to detain 
them if the exigencies of the case require such a step. 

"The wounded and wrecked picked up by these ships can not be reclaimed by 
either of the combatants, and they will be required not to serve during the con- 
tinuance of the war. 

"Art. XIV. In naval wars any strong presumption that either belligerent takes 
advantage of the benefits of neutrality, with any other view than the interest of 
the sick and wounded, gives to the other belligerent, until proof to the contrary, 
the right of suspending the convention as regards such belligerent. 

"Should this presumption become a certainty, notice may be given to such 
belligerent that the convention is suspended with regard to him during the whole 
continuance of the war. 

"Art. XV. The present act shall be drawn up in a single original copy, which 
shall be deposited in the archives of the Swiss Confederation. 

"An authentic copy of this act shall be delivered, with an invitation to adhere 
to it, to each of the signatory powers of the convention of the 22d of August, 1864, 
as well as to those that have successively acceded to it. 

"In faith whereof the undersigned commissaries have drawn up the present 
pnoject of additional articles and have apposed thereunto the seals of their arms. 

" Done at Geneva, the twentieth day of the month of October, of the year one 
thousand eight hundred and sixty-eight. 

"Von Rceder. "D. Felice Baroffio. 

"F. LcEFFLER. "Paolo Cottrau. 

" KOHLER. "H. A. VAN KaRNEBEEK. 

"Dr. MuNDY. "Westenberg. 

"Steiner. " F. N. Staaff. 

"Dr. Dompierre. "G. H.Dufour 

"ViSSCHERS. "G. Moynier. 

"J. B. G. Galiffe. "Dr. S. Lehmann. 

"A. Coupvent des Bois. "Husny. 

"H. DE Pr6val. "Dr. C. Hahn, 

"John Saville Lumley. "Dr. Fichte." 
"H. R. Yelverton. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 47 

[Translation.] 

By note of the 23d of October and 30th of November, i868, the Swiss Federal 
Council informed the states signatories to the convention of 1864 of the results of 
the conference of Geneva. 

On the nth of December, 1S68, the French Government, while declaring its 
disposition to adhere to the additional articles, expressed the desire that Article IX 
be amended. 

The note from the French embassy to the Swiss Federal Council was to the 
following effect: 

"An examination of the project of additional articles to the Convention of 
Geneva proposed by the international conference which met in that city in the 
month of October last has suggested to the Government of the Emperor certain 
observations, concerning which I am charged to acquaint the Federal Council. 

"Article IX of the additional project proposes to provide that — 

"'The military hospital ships remain under martial law in all that concerns 
their stores; they become the property of the captor, but the latter must not divert 
them from their special appropriation during the continuance of the war.' 

"The Minister of the Imperial Marine believes that this provision is opposed to 
the spirit of the convention of 1864, depriving at all events the naval forces of the 
right to be accompanied by hospital ships enjoying the benefit of neutrality. In 
this view, and retaining the text of Article IX, it is proposed to amend the article 
by an additional paragraph, as follows: 

" 'The vessels not equipped for fighting which, during peace, the Government 
shall have officially declared to be intended to serve as floating hospital ships shall, 
however, enjoy during the war complete neutrality, both as regards stores and also 
as regards their staff, provided their equipment is exclusively appropriated to the 
special service on which they are employed.' 

" The Imperial Government, which aside from this is ready, so far as it is con- 
cerned, to adhere to all the other provisions proposed by the international confer- 
ence, does not doubt that this amendment, which conforms to the original idea of 
the conference, will meet with unanimous consent; and my Government has in- 
vited me to request the Federal Council to be good enough to submit Article IX of 
the additional project, so amended, to the approval of the signatory powers of the 
convention of 1864, at the same time that it invites adhesion to such project. 

"As to the form in which these projects shall be accepted, the French delegates 
have already given in the Geneva Conference the opinion upon this point of the 
Government of His Imperial Majesty, based upon usual diplomatic practice. It 
is undeniable that additional articles of an international convention can not be 
concluded without the assent of all the contracting powers, whether the original 
signatories or those subsequently adhering. The project drawn up by the Geneva 
Conference will not, therefore, be valid until signed by the plenipotentiaries of all 
the states signatories to the act of 1864. 

"I hasten, moreover, in accord with instructions I have received, to transmit 
to your excellency the inclosed draft of a definitive instrument of this additional 
project, in order that the Federal Council may have it at its disposition. So soon 
as all the contracting states are disposed to subscribe to the projects presented for 
their approval, I shall be obliged if your excellency will advise me of the fact. 

"Accept, Mr. President, the assurance of my highest consideration. 

" De Comminges Guitaud." 

England, on its part, raised doubt as to the import of certain provisions in 
Article X relative to trade vessels carrying cargo, and on this subject the following 



148 SPANISH CORRESPONDENCE AND DOCUMENTS. 

notes were exchanged between the British Government and the ambassador of 
France in London: 

The Count of Clarendon to the Prince de la Tour d'Auvergne. 

"Foreign Oyyxzy., January 21, i86g. 

" Mr. Ambassador: Her Majesty's Government have taken into consideration 
your excellency's note of the 15th ultimo, in which, with reference to the draft of 
articles prepared by the conference which met at Geneva in the month of October 
last, and intended as additional articles to the convention of 1864, for the ameliora- 
tion of the treatment of wounded in time of war, your excellency states that the 
Government of the Emperor is desirous of adding a paragraph, in the terms set 
forth in your note, to the IXth of those articles relating to hospital ships. 

"I have the honor to inform your excellency that the paragraph in question 
appears to Her Majesty's Government to be unobjectionable. 

" But, before signifying their approval of the additional articles, Her Majesty's 
Government would be glad to ascertain what is the precise interpretation which 
the Government of the Emperor proposes to give to the following provision in the 
Xth of those articles: 

" 'Si le bdtiment de commerce contenait en outre un chargement, la neutralite le cou- 
vrirait encore, pourvu que ce chargement ne fut pas de nature a etre confisqud par le 
belligerent.'' [If the merchant ship also carries a cargo, her neutrality will still 
protect it, provided that such cargo is not of a nature to be confiscated by the 
belligerent.] 

" Under the existing practice of nations, if a ship under a cartel has entered the 
port of an enemy for the purpose of exchanging prisoners, or it may be for the pur- 
pose of bringing away sick and wounded, the master would be bound to abstain 
from all traffic whatever and any infringement of this rule would work a confisca- 
tion of the ship, if captured. Under one interpretation of the passage above recited 
the provision would have a limited operation and its intention might be held to 
be to exempt vessels employed in 'evacutions' from capture and confiscation, 
although the master might have availed himself of the opportunity to bring out 
cargo, provided the cargo was not contraband of war. The words '/a neutralite 
le couvrirait e7tcore,' on this hypothesis, would mean that neutrality would still cover 
it — that is, the vessel. 

"Under another interpretation the passage might be held to give protection to 
the cargo as well as to the vessel; and if it should be so intended, then enemy's goods 
on board an enemy's ship might be privileged from capture as prize, provided only 
some sick and wounded persons were on board the vessel. With regard to the 
proviso. Her Majesty's Government apprehend that the words 'pourvu qiie ce 
chargement ne fut pas de natiire a Hre confisqu^ par le belligerent' must be taken to 
refer to the quality of the goods, as contraband of war or not, and not to their 
ownership. 

"There is another point, as regards this article, which may deserve considera- 
tion, namely, under what limitations are 'evacuations' of the wounded and sick to 
be made. For instance, as regards evacuations made by sea, is it intended in the 
case of a blockaded town that a vessel may come out of the port with sick and 
wounded and be privileged from capture? It might be desirable, in the interests 
of humanity, that they should be removed; but under such circumstances their 
removal would tend to prolong the resistance of the besieged party. 

"In offering these observations I am aware that it is possible that I may not 
have fully appreciated the use of the term 'evacutions.' But I presume it to mean 
the removal of the sick and wounded from temporary or permanent hospitals, at 
the discretion of either belligerent. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 49 

"I request that your excellency will have the goodness to communicate this 
note to the Government of the Emperor, and to state that Her Majesty's Govern- 
ment will feel greatly obliged by being made acquainted with their views upon the 
subject. 

"lam, etc., "Clarendon." 

The Prince of the Tour d'Ativergne to the Count of Clarendon. 
[Translation.] 

"London, February 26, i86g. 

"Dear Count: In advising me on the 21st of January last of the adhesion of the 
Government of the Queen to the amendments proposed by Admiral Rigault de 
Genouilly to the IXth additional article of the project of the convention of August 
22, 1864, for the succor of wounded in the field, your excellency expresses the 
desire to know the interpretation of the precise meaning which the Government of 
the Emperor gives to certain provisions of the Xth additional article. 

"I have just received from my Government, and hasten to transmit to your 
excellency, the inclosed explanatory communication. It sets forth that the stipu- 
lations of the Geneva Convention have not intended to modify in any way the 
generally admitted principles of rights of belligerents. It is therefore understood 
by the Government of the Emperor that any vessel carrying sick or wounded 
which has on board contraband of war or enemy merchandise could not invoke 
the benefits of neutrality. As to the last paragraph of the Xth additional article, 
it only gives to the besieged the right to negotiate with the besieger concerning 
evacuation from a blockaded port; that is to say, the entrance or departure of a 
vessel having for especial purpose the transportation of sick or wounded can not 
take place without previous agreement between the belligerents. 

"The Marquis de Lavalette, in directing me to transmit this communication to 
your excellency, expresses the hope that the interpretation adopted by the Govern- 
ment of the Emperor will be accepted. 

"The Prince de la Tour d'Auvergne." 

Note touching the interpretation of Article X, additional to the Convention of Geneva. 

" The second paragraph of the additional Article X reads thus: 'If the merchant 
ship also carries a cargo, her neutrality will still protect it, provided that such 
■cargo is not of a nature to be confiscated by the belligerent.' 

"The words 'of a nature to be confiscated by the belligerent' apply equally to 
the nationality of the merchandise and to its quality. 

"Thus, according to the latest international conventions, the merchandise of a 
nature to be confiscated by a cruiser are: 

"First. Contraband of war under whatever flag. 

"Second. Enemy merchandise under enemy flag. 

"The cruiser need not recognize the neutrality of the vessel carrying wounded 
if any part of its cargo shall, under international law, be comprised in either of 
these two categories of goods. 

"The faculty given by the paragraph in question to leave on board of vessels 
carrying wounded a portion of the cargo is to be considered as a facility for the 
carriage of freight, as well as a valuable privilege in favor of the navigability of 
merchant vessels if they be bad sailers when only in ballast; but this faculty can 
in no wise prejudice the right of confiscation of the cargo within the limits fixed by 
international law. 



150 SPANISH CORRESPONDENCE AND DOCUMENTS. 

" Every ship the cargo of which would be subject to confiscation by the cruiser 
under ordinary circumstances is not susceptible of being covered by neutrality by 
the sole fact of carrying in addition sick or wounded men. The ship and the cargo 
would then come under the common law of war, which has not been modified by 
the convention except in favor of the vessel exclusively laden with wounded men, 
or the cargo of which would not be subject to confiscation in any case. Thus, for 
example, the merchant ship of a belligerent laden with neutral merchandise and 
at the same time carrying sick and wounded is covered by neutrality. 

"The merchant ship of a belligerent carrying, besides wounded and sick men, 
goods of the enemy of the cruiser's nation or contraband of war is not neutral, and 
the ship, as well as the cargo, comes under the common law of war. 

"A neutral ship carrying, in addition to wounded and sick men of the belligerent, 
contraband of war also is subject to the common law of war. 

"A neutral ship carrying goods of any nationality, but not contraband of war, 
lends its own neutrality to the wounded and sick which it may carry. 

"In so far as concerns the usage which expressly prohibits a cartel ship from 
engaging in any commerce whatsoever at the point of arrival, it is deemed that 
there is no occasion to specially subject to that inhibition vessels carrying wounded 
men, because the second paragraph of Article X imposes upon the belligerents, 
equally as upon neutrals, the exclusion of the transportation of merchandise sub- 
ject to confiscation. 

" Moreover, if one of the belligerents should abuse the privilege which is 
accorded to him, and under the pretext of transporting the wounded should neu- 
tralize under its flag an important commercial intercourse which might in a noto- 
rious manner influence the chances or the duration of the war. Article XIV of the 
convention could justly be invoked by the other belligerent. 

"As for the second point of the note of the British Government, relative to the 
privilege of effectively removing from a city, besieged and blockaded by sea, under 
the cover of neutrality, vessels bearing wounded and sick men, in such a way as 
to prolong the resistance of the besieged, the convention does not authorize this 
privilege. In according the benefits of a neutral status of a specifically limited 
neutrality to vessels carrying wounded, the convention could not give them rights 
superior to those of other neutrals who can not pass an effective blockade without 
special authorization. Humanity, however, in such a case, does not lose all its 
rights, and, if circumstances permit the besieging party to relax the rigorous rights 
of the blockade, the besieged party may make propositions to that end in virtue of 
the fourth paragraph of Article X." 

All the states signatories of the Convention of Geneva adhered to the additional 
articles; also to the modification of Article IX, proposed by France, and to the 
interpretation given to Article X by England and France. 

Under date of the 21st of April, 1870, the Russian legation near the Swiss Con- 
federation addressed the Federal Council as follows: 

"Geneva, April q-21, i8yo. 

"Supplementing his note of the 20th of March-ist of April, the undersigned, 
envoy extraordinary and minister plenipotentiary of His Majesty the Emperor of 
all the Russias, has the honor to inform the Federal Council of the following 
views of the Imperial Ministry of Marine, relative to the modifications which he 
would suggest to additional Article XII of the Convention of Geneva. 

"Although the XlVth additional article sets forth what shall be done in the 
event that one of the belligerents shall abuse the distinctive flag of neutrality, 
nothing is found in the convention to prevent such abuse. Nevertheless, a case 



SPANISH CORRESPONDENCE AND DOCUMENTS. 151 

might arise in which abuse of such flag might influence the result of the conflict 
and it would then evidently be too late to apply the measures provided in the 
XlVth article. 

"This consideration appears to the Ministry of Marine sufficiently important to 
amend the second line of Article XII, which reads thus; 'The belligerents may 
exercise in this respect any mode of verification which they may deem necessary,' 
for the following draft: 'With the exception of hospital ships, which shall be dis- 
tinguished by a particular color, no ship of war or commerce may use the white 
flag with the red cross except in case it shall have permission in consequence of 
previous understanding of the belligerents. Lacking this understanding, the bene- 
fit of neutrality shall not be conceded to vessels except those whose neutral flag, 
established for hospital ships, shall be raised before being seen by the enemy.' 

"The Imperial Minister of Marine believes that the modification proposed 
relates to a matter too serious not to merit on the part of the contracting parties 
the careful attention given to the proposed modifications of the same convention 
by France and England. 

"The undersigned avails himself of the occasion, etc., 

"GlERS." 

This proposition was not accepted by all the states. 

The additional articles, not receiving diplomatic approval, remained merely a 
project. Nevertheless, Germany and France consented in 1870 to adopt them as a 
modus vivendi and to recommend their application to the commandants of the 
marine and land forces during the existence of hostilities. 



No. 2. 

The Minister of State to the President of the Swiss Confederation. 

Madrid, April 21., i8g8. 

Mr. President: The Government of His Majesty the King of 
Spain, which always receives with pleasure the humane proposi- 
tions of the Swiss Confederacy, has received with the greatest satis- 
faction the note your excellency had the kindness to send under date 
of the 20th of this month. 

The considerations set forth by your excellency touching the 
desirability of the adoption of the additonal articles of 1868 to 
the Geneva Convention as rules in force during the hostilities which 
unfortunately are about to break out between Spain and the United 
States are entirely agreeable to us. 

These articles, which your excellency has in your communication 
been pleased to recall to mind, had brought forth already an official 
declaration on our part expressing our approbation as to their spirit 
of philanthropy and our disposition to adhere to them. 

The sincerity of the sentiments expressed by Spain in the note 
of September 7, 1872, is now to be proved in a practical manner. To 
this end, the Government of His Majesty has the honor of inform- 
ing the Federal Council, through your excellency, that Her Majesty 



152 SPANISH CORRESPONDENCE AND DOCUMENTS. 

the Queen Regent, my august sovereign, by a royal order, under date 
of yesterday, has deigned to approve a regulation for the exercise of 
the right of search by the Spanish marine in the time of war. As 
your excellency may see by the annexed copies of the Gazette of 
Madrid, the additional articles 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 
were made a part of the text of said regulation as an appendix to 
Article X, and before the desire of your Council was known in Madrid. 

With regard to the project of articles for land forces, its spirit is 
contained, according to the opinion of the Government of His 
Majesty, in articles 406, 495, 855, 891, 892, and 893 of the regula- 
tions for the service of the Spanish army in the field, of which I 
have the honor of remitting your excellency a copy as an inclosure 
to the present communication. 

I do not doubt, Mr. President, that the Federal Council and its 
worthy head will consider the matter settled in the manner before 
mentioned. 

I beg, Mr. President, that your excellency will accept the 
assurance of my high consideration. 

Pig Gullon. 



No. 3. 

The Consul- General of Siuitzerland to the Mi /lister of State. 

[Translation.] 

Madrid, May 10, i8q8. 
Excellency: I have the honor of communicating to your excel- 
lency the telegram I received from the Federal Political Department 
of Berne: 

The Government of the United States has also accepted the additional articles 
of the Geneva Convention. I charge you to inform the Minister of State and the 
Spanish Red Cross of this. The Federal Council will send a circular note to 
the nations who signed the Convention of Geneva in order to communicate the 
results of its efforts. 



I improve, etc.. 



The Consul- General of Switzerland., 

Ch. Ed. Lardet. 



No. 4. 

The Minister of State to the Consul- General of Switzerland. 

[Translation.] 

Palace, May 11, i8g8. 
My Dear Sir: I have the honor to state to your excellency that 
I received your esteemed note of yesterday, which communicated 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 53 

to me a telegram from the Federal Political Department of Berne, 
giving notice that the United States had accepted the additional 
articles to the Geneva Convention of 1868. 

Thanking your excellency for this notice, I improve, etc., 

Pig Gull6n. 



No. 5. 

The Consiil-General of Switzerland to the Minister of State. 

[Translation.] 

Madrid, May 28, i8g8. 

Excellency: I have the honor to inform your excellency that 
by a circular note of the 15th instant the Federal Council of Switzer- 
land has notified the powers signing the Geneva Convention of the 
decision of the Cabinets of Madrid and Washington to put in force 
during the continuance of hostilities and as a modus vivendi the 
additional articles to the Convention of Geneva of October 20, 1868. 

The Federal Council very particularly charges me to express to 
your excellency their acknowledgment and lively appreciation of 
the reception your excellency has given to their proposition. 
I improve, etc., 

The Consiil-General of Switzerland., 

Ch. Ed. Lardet. 



Circular of the Federal Governinefit of Switzerland to the signatories of the Geneva 

Conventiott. 

[Translation.] 

Berne, May 18, i8g8. 

Mr. Minister: In 1868 the signatory states of the Convention of Geneva of 
August 22, 1864, relative to the amelioration of the condition of soldiers wounded 
in campaign, recognized the necessity of extending the principles of this convention 
to maritime struggles. An international conference held in Geneva from the 5th 
to the 20th of October, 1S68, adopted a project of fourteen additional articles to the 
Convention of Geneva, of which five set forth interpretation of the original con- 
vention and nine refer to the marine. 

These additional articles, not having received diplomatic sanction, remained 
mere projects (propositions). Nevertheless, Germany and France consented to ap- 
ply them as a modus vivendi during the time hostilities might last. By circular 
note of July 22, 1870, the Federal Council advised the governments of the states who 
took part in the Geneva Convention of the agreement between the German Con- 
federation and France. 

A war now having begun between the United States of America and Spain — a 
war which has for its principal theater the sea — we are concerned by the grave con- 
sequences which might result from a lack of an understanding on the part of the 
belligerents relative to the succor and assistance which should be given to the sick, 
wounded, and shipwrecked. 



154 SPANISH CORRESPONDENCE AND DOCUMENTS. 

We did not hesitate, therefore, on April 23, to solicit of the Cabinets of Madrid 
and Washington that they consent to put in force during the existence of hostilities, 
at least as a modus vivendi, the aditional articles of October 20, 1868, as modified 
at the instance of France (Article XI) and interpreted by France and Great Britain 
(Article X). In the annexed printed note your excellency can see in what these 
modifications and interpretations consist. 

The two Governments, appreciating the sentiments which have guided our 
effort, have hastened to defer to our proposition and to transmit to the commanders 
of their sea and land forces the necessary instructions. 

In informing the signatory states of the Geneva Convention of the foregoing^ 
we devoutly hope that the duration of hostilities will be as short as possible, and 
that the act of Geneva of the 20th of October, 1868, voluntarily adopted by the 
belligerents, will contribute toward ameliorating the evils of war. 

Receive, Mr. Minister, the assurance of our high consideration. 

In the name of the Federal Council of Switzerland — 

The President of the Confederation, 

RUFFY. 

The Chancellor of the Confederation, 

RiNGINER. 



CIRCULARS AND PROTESTS ISSUED ON ACCOUNT OF 

THE WAR. 



No. 6. 

The Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Mad-rid, April 24, 18^8. 

Excellency : Inclosed I have the honor of handing you two copies 
of the Gazette of Madrid of to-day, which contains the decree of the 
President of the Council of Ministers establishing the rules of inter- 
national law, especially of marine, to which the Spanish combatants 
must subject themselves in the present war with the United States. 

Without loss of time your excellency should inform the Govern- 
ment to which you are accredited of the contents of the referred-to 
decree, demonstrating the correct procedure of Spain, who, in spite 
of her evident inferiority in resources as regards those of her adver- 
sary, and although not bound by the Declaration of Paris of the i6th 
of April, 1856, desiring only the right, and scrupulously regarding 
private property upon the sea, has put in practice the most impor- 
tant provisions of that declaration, even at the expense of depriving 
herself of important means of attack and defense. 

Regarding privateering, your excellency should state, confiden- 
tially, that although the Government of His Majesty reserves abso- 
lutely its right it does not intend to exercise it for the present, unless 
the neutral powers do not observe the strict neutrality prescribed 
by the law of nations. The Government of His Majesty trusts that 
this generous concession on its part will be duly reciprocated by 
friendly powers, and that they will see in it a new proof of the cor- 
rect procedure of Spain, who desires to demonstrate that in all its 
acts it is influenced by justice and right. 

The organization of the auxiliary cruisers of the naval force is 
based upon the Prussian decree of July 24, 1870, issued during the 
Franco-German war. 

If Prussia, which was one of the nations adhering to the Declara- 
tion of Paris, saw no impropriety in tliis practice, there will be less 
impropriety in our adopting it, inasmuch as we did not subscribe to 
the international understanding. Besides, it is known that English 

155 



156 SPANISH CORRESPONDENCE AND DOCUMENTS. 

counsel, being consulted then regarding such a step, stated that this 
practice was as perfectly admissible and legitimate as in the French 
land forces similarly organized. 

By royal order, etc. Pio Gullon. 

[Inclosure i.— Translation.] 
The royal decree above cited. 

Madam: The diplomatic relations between Spain and the United States of America 
being broken, and a state of war between the two powers existing, there arises a 
series of problems of international right, especially marine, which the Council of 
Ministers consider necessary to resolve at once, in order to fix the standard of con- 
duct to which the Spanish combatants should subject themselves. 

In spite of the fact that the provocation and injustice on the part of our adver- 
saries is evident, and that they are the ones who by their detestable conduct 
brought on the grave conflict which alters the peace of nations, we ourselves should 
observe with the strictest fidelity the precepts of the law of nations as the standard 
of our procedure in international relations and carry, with the constancy of our 
race, resolutely to the arena of arms, to which our adversaries provoke us, the 
most scrupulous respect for morality and right. 

The Government of His Majesty, attentive to these high principles, which uni- 
versally inspire the noble Spanish people, consider that the fact that Spain did 
not adhere to the Declaration of Paris of April, 1856, does not exempt her morally 
from respecting the maxims there agreed upon in regard to private marine property. 
In the note of answer of the Spanish Government to the solicitation of France that 
she adhere to that declaration, the then Minister of State, the Marquis de Pidal, 
expressed the appreciation with which he had been informed of the understand- 
ing regarding the three points which formulated the freedom of enemy's goods 
under a neutral flag, the freedom of neutral goods under an enemy's flag, and the 
declaration that a blockade to be obligatory must be effective. The principle 
which Spain expressly refused to admit was the abolition of privateering, and the 
Government of His Majesty considers that at present it is indispensable to hold the 
utmost reserve regarding this, in order to conserve our liberty and absolute right 
to put it in practice at the moment and in the form judged opportune. 

At present the Government of His Majesty will proceed to the immediate organ- 
ization of a service of "auxiliary cruisers of the marine," which will be formed 
from those vessels of our merchant marine considered most fit, and which will 
cooperate with vessels of war, under whose orders and jurisdiction they will be 
subject, according to the necessities of the campaign. To the end of avoiding 
possible doubts and to devise a fixed rule respecting the judicial consequences of 
the war, the Government of His Majesty thinks that these declarations should be 
accompanied by decrees abolishing in express terms all the treaties, pacts, and 
understandings until now in force between Spain and the United States; conced- 
ing a period during which North American ships entered before the rupture of 
relations are free to leave the ports of Spain; setting forth what is looked upon as 
contraband of war; and determining the penalty to be imposed upon neutrals taken 
fighting against Spain. 

Based on these considerations, and in accord with the Council of Ministers, the 
undersigned has the honor to submit to the approbation of Your Majesty the 
annexed draft of a decree. 

I am, Madam, yours, most obediently, 

Praxedes Mateo Sagasta. 

Madrid, April 2^, i8g8. 



SPANISH CORRESPONDENCE AND DOCUMENTS. I 57 

[Inclosure 2.— Translation.] 
Royal decree. 

In accord with the opinion of my Council of Ministers, in the name of my 
august son, the King, Don Alfonso XIII, and as Queen Regent of the Kingdom, I 
proceed to decree the following: 

Article i. The state of war existing between Spain and the United States 
abrogates the treaty of peace and friendship of October 27, 1795; the protocol of 
January 12, 1877; and all other understandings, pacts, and conventions which up 
to the present time have been in force between the two nations. 

Art. 2. From the date of the publication of the present royal decree in the 
Gazette of Madrid, there will be conceded a term of five days to all vessels of the 
United States now in Spanish harbors to leave. 

Art. 3. Although Spain is not bound by the declaration signed at Paris April 
16, 1856, having always manifested its determination not to adhere to it, my Gov- 
ernment, attentive to the principles of the law of nations, proposes to observe, and 
for the present orders, that there be observed the following rules of marine: 

(a) A neutral flag protects the enemy's goods, except contraband of war. 

(b) The goods of a neutral, except contraband of war, can not be confiscated 
when under the enemy's flag. 

(c) Blockades to be obligatory must be effective; that is to say, maintained by a 
sufficient force to impede in fact access to the enemy's coast. 

Art. 4. The Spanish Government maintains its right to commission privateers, 
which was expressly reserved in note of May 16, 1S57, answering that of France, 
when France solicited the adhesion of Spain to the Declaration of Paris relative to 
marine right, and will now organize from vessels of the Spanish merchant marine 
a service of "auxiliary cruisers of the war marine," which will cooperate with the 
marine in the demands of the campaign and will be subject to the statutes and 
jurisdiction of the naval forces. 

Art. 5. With the object of seizing the enemy's ships and confiscating the 
enemy's goods under their own flag, and contraband of war under any flag, the 
royal marine, the auxiliary cruisers, and the privateers (in case they are authorized) 
will exercise the right of search upon the high seas and in waters under the juris- 
diction of the enemy, according to international law and instructions to that effect 
published. 

Art. 6. Under the denomination of contraband of v?ar will be comprehended 
cannons, rapid-firing guns, mortars, muskets, and all classes of firearms; the balls, 
bombs, grenades, hand grenades, cartridges, fuses, powder, sulphur, saltpeter, 
dynamite, and all classes of explosives; articles of equipment, such as uniforms, 
leathers, saddles, and harness for artillery and cavalry; machinery for ships, and 
their accessories, screw shafts and screws, boilers, and other articles and effects 
which serve for construction, repair, and armament of war vessels; and in general 
all instruments, utensils, supplies, and objects which serve in war, and such as in 
the future can be classed under such a denomination. 

Art. 7. There will be considered and judged as pirates, with all the rigor of 
the law, captains, masters, and officials, as also two-thirds of their crew, of those 
vessels, not American, which may be taken committing acts of war against Spain, 
even when they may be provided with letters of marque from the United States. 

Art. 8. The Ministers of State and Marine are charged with the execution of 

the present royal decree, and with the provisions necessary for its better execution. 

Given in the Palace the 23d of April, 1S98. 

Maria Cristina. 

President of the Council of Ministers, 

PrAxedes Mateo Sagasta. 



158 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 7, 

The Under Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, May j^ i8g8. 
Excellency: By royal order communicated by the Minister of 
State, inclosed I have the honor of handing your excellency two 
copies of the instructions regarding the "right of search," charging 
that you will please deliver one of them to the Minister for Foreign 
Affairs, making evident the principles of strict right upon which 
these instructions are based. 

The Under Minister, 

J. D. DE Aguera. 



[Inclosure. — Translation.] 

Instructions referred to. 

I. 

Only belligerents can exercise the right of search; therefore it is evident that 
it is only feasible to practice it during international wars by each of the states 
engaged in the conflict, as also in national wars, civil and insurrectional, when one 
or more foreign powers have recognized as belligerents the party in insurrection. 
In such a case the general government can exercise the right of search, but only 
in respect to those merchant vessels of the nations who have given this recognition 
and are therefore placed in the situation of neutrals. 

II. 

Under the provisions of the above article, vessels of war of belligerents and ves- 
sels of their merchant marine legally armed, whether as auxiliary cruisers or as 
privateers, if so authorized, may detain in their own waters, in waters under the 
jurisdiction of their enemy, and in public and free waters, the merchant marine 
which may be encountered, with the object of inquiring as to the legitimacy of their 
flag and, if neutral and bound to a port of the other belligerent, the nature of the 
cargo. 

III. 

Waters under the imperial jurisdiction of neutral powers are absolutely invio- 
lable. The "right of search" does not exist, therefore, within them, not even 
under the pretext that the belligerent tried to exercise it upon the high seas and 
that, giving chase and without losing sight, the vessel he desired to subject to 
search entered neutral waters. 

Neither is the violation of this part of the sea allowable because its coast may 
not be fortified or inhabited. 

IV. 

The methods of examination are as follows: 

(a) The vessel whose nationality is sought to be known and to be detained is 
advised by the searcher running up his national flag and affirming it by a blank 
cannon discharge, an indication to the merchant vessel that it should run up its 
national flag and heave to. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 59 

{b) If the merchant ship does not heed this first intimation, by running up its 
flag and stopping after it has been hoisted, a second discharge will be made, this 
time with a projectile, but with care, so as not to strike the vessel, although it should, 
in order to be seen, not pass far from the stern, and if this second intimation is also 
disregarded the third discharge should be directed so as to cause damage, avoiding, 
as far as possible, sinking the vessel. Whatever may be the damage this third shot 
may cause to the merchant vessel the captain of the man-of-war or privateer has 
no responsibility for it. 

Notwithstanding this, according to the circumstances and degree of s"uspicion 
the merchant vessel may inspire, the man-of-war, auxiliary cruiser, or privateer, 
before proceeding to extremes, may use some less extreme procedure; he may 
order another discharge, not striking the vessel, and give a new intimation by word 
of mouth. But this further conciliatory measure lacking result, without further 
consideration the resources of force should be appealed to. 

(<r) The visiting ship will place herself at a distance the commander or captain 
may think proper from the ship to be visited, according to the condition of the wind, 
of the sea, of the current, or degree of suspicion said ship has inspired, and if these 
■circumstances counsel taking the weather gauge, on the boat going to make the 
visit, and when it returns, passing to the leeward, there is nothing to oppose the 
maneuver. 

It should be borne in mind that if between the nations of the searching and 
the searched vessels there is a treaty which limitedly determines the aforesaid dis- 
tance, this clause of treaty right should be observed, unless the above-enumerated 
circumstances of wind, sea, or current prevent. 

{d) The visiting ship will send a boat with an officer, who, by verbal communi- 
cation from his commander, will make the search. 

This officer may enter the merchant ship accompanied by two or three of the 
crew of the boat; he may make the visit so, or alone, according to his judgment. 

{e) The searching officer will state to the captain of the merchant vessel that, 
commissioned by the commander of the Spanish man-of-war or auxiliary cruiser 
(name of man-of-war or auxiliary cruiser) or by the captain of privateer (name of 
the privateer) he proposes to search, and he will ask to see the captain's papers and 
official documents of authority, in order to justify the nationality of the vessel 
(according to the flag that has been raised)and the port of destination. The first being 
verified, and it appearing that the second is a neutral port, the visit is terminated. 

But if the vessel is bound for a port of an enemy to the nation to which the 
visiting officer belongs, the oflScer will demand of the captain of the vessel visited 
his manifests, which show the nature of the cargo, in order to determine whether 
or not there is contraband of war aboard. If there is not, the visit is definitely 
terminated, and the neutral vessel is at liberty to continue her voyage. If there 
is, her capture follows, even though under the circumstances it was not possible 
to make an inspection aboard. 

V. 

The official visitor should take with him instructions from his commander to 
enable him to authorize the vessel visited to proceed in case there are no obstacles, 
so as not to interrupt her passage any longer than is absolutely indispensable. 

VI. 

If the captain of the vessel visited should demand that a record of the visit be 
made, the ofl5cial visitor will accede to this, and at the proper date insert in the log 
book a note, in the following form: 



l6o SPANISH CORRESPONDENCE AND DOCUMENTS. 

The undesigned (rank in the navy), serving in the (gunboat, cruiser, etc., of His 
Catholic Majesty, named , or auxiliary cruiser, or privateer), whose com- 
mander is (rank and name), states that on to-day (hour of morning or evening), by 
verbal commission of said commander, he has searched the (class of ship, name^ 
and nationality), its captain (name of captain) having proved by the documents ex- 
hibited the legitimacy of the flag she flies and the neutrality of the cargo she carries. 

Date. 

Signature of the official visitor. 

Place of stamp of searching vessel. 

VII. 

In the log book of the ship making search there will appear the act of the visit, 
setting forth the following circumstances: 

(a) Details of the summon or summons made to the vessel visited. 
{d) The hour in which she hove to. 

(c) Name and nationality of the vessel visited, and name of her captain. 

(d) The form in which the visit took place, its results, and the official who 
conducted it. 

(e) The hour the vessel was authorized to continue her voyage. 

VIII. 

The notification of the visit, according to the provisions of Article VI, will depend 
upon the wish of the captain of the vessel visited; whether or not he wants a record, 
but will be an indispensable formality, when the vessel carries wounded or sick 
soldiers, subjects of the enemy, because in such a case, by the act of visit alone, 
all the above-mentioned persons will be unable to again take arms during the 
continuance of the war, according to the provisions agreed to in the first paragraph 
of the additional Article X of the Geneva Convention. 

Consequently, in such a case the visiting officer will so notify the chief or com- 
mander of the party, and in the log book of the ship visited will make a memoran- 
dum in the form Article VI prescribes, adding the following: 

This vessel carries (number of wounded and sick) persons (of the army or navy 
or both), wounded and sick subjects of the enemy, none of whom, because of this 
visit, shall take up arms during the war, according to the clause contained in para- 
graph I of Article X, additional to the Geneva Convention, of which obligation I 
have informed the commander of the party, who said he was (rank and name). 

IX. 

[right of search.] 

The visit is not a jurisdictional act which the belligerent has; it is a natural and 
legitimate medium of defense, which international law places within reach for the 
purpose of preventing fraud and bad faith to come in aid of the enemy. There- 
fore, the exercise of this right should be practiced with the greatest moderation on 
the part of the belligerent, taking particular care to avoid unjustifiable demands 
and molestation of neutrals. 

Consequently, the detention of the vessel to be searched will be as brief as 
possible, cutting short at the time all that is practicable; the exclusive object, as 
has been explained, is that the belligerent shall inquire into the neutrality of the 
vessel visited, and, in case it is bound for a port of the enemy, whether the nature 
of its cargo is neutral or harmless. 

It is not necessary, therefore, to demdnd other documents than those setting 
forth one or the other of these conditions, the important object of the belligerent 
being merely to see that he is not prejudiced by favor and aid to his adversary, 
and that neutrals shall not furnish the enemy resources and means which would 



SPANISH CORRESPONDENCE AND DOCUMENTS. l6l 

contribute to prolonging the war; it not being his mission to see that vessels belong- 
ing to neutral powers shall be provided with all documents of navigation in regular 
form demanded by the domestic law of their country. 

X. 

The visit will result in the capture of the vessel under the following contin- 
gencies: 

First. If the vessel should prove to be of the nationality of the enemy — except- 
ing those cases of immunity established by the Geneva Convention and which are 
obligatory upon Spain. [These exceptions are noted at the end of this decree.] 

Second. If active resistance is made to the visit — that is, if force has been 
employed to elude it. 

Third. If upon examination legal documents are lacking to prove nationality. 

Fourth. If the vessel lacks the legal documents to justify the nature of the 
cargo carried, its destination being an enemy port. 

Fifth. If the cargo is composed entirely or in more than two-thirds part of con- 
traband of war. When the illegal part of the cargo is less than two-thirds, the 
articles of contraband of war will be all that are confiscated, and for its discharge 
the vessel will be taken to the nearest and most convenient Spanish port. 

It is necessary to have in mind that those articles which have a direct or imme- 
diate application to war are contraband only when they are bound to a port of the 
enemy; when they are shipped to a neutral port they will be war stores but not 
contraband. But it might happen that a vessel dispatched in a regular manner 
for a neutral port may proceed nevertheless to a port of the enemy; in such case, 
if it is encountered near one of the enemy ports or is navigating under control on 
a course very different from that which it should take, it is liable to capture, pro- 
vided that the captain does not prove he was obliged by forces beyond his control 
to depart from his course. 

Sixth. If the vessel transports, for the enemy, military officers, troops, or marines. 

Seventh. If it transports papers or communications of the enemy; unless the 
vessel is a regular mail boat, and said papers or communications are in mail bags, 
boxes, or packages in which the public correspondence is carried, the captain in 
consequence being ignorant of their contents. 

Eighth. If chartered by the other belligerent, or said service remunerated by 
him, the vessel would be acting as a spy on the operations of war. 

Ninth. If a neutral vessel takes part in the war, contributing in any manner to 
its operations. 

Capture also follows when, in the act of the visit, duplicate or false papers are 
discovered, because such a case comes within the prescriptions contained in the 
second or third of the above conditions, or in the two jointly; provided that neither 
the duplicate nor the false documents justify the conditions to which they refer. 

Neither attempted flight in order to elude the visit nor any suspicion of fraud 
in respect to the nationality of the vessel or regarding the nature of the cargo 
authorizes its capture. 

The fact that the papers of the vessel are drawn in a language which the official 
visitor does not know does not authorize the detention of the vessel. 

XI. 

Merchant vessels which navigate in convoy, under custody of one or more of the 
naval vessels of their country, are absolutely exempt from visits of belligerents, 
they being protected by the immunity which vessels of war enjoy. 
S D C II 



l62 SPANISH CORRESPONDENCE AND DOCUMENTS. 

As the sending of a convoy is a measure which emanates from the government 
of the state to which it pertains, it should be taken as an undoubted fact that its 
government not only would not permit any fraud, but would have concerted the 
most efficacious measures to avoid fraud being committed by any vessel belonging 
to the convoy. 

It is therefore useless that a belligerent make inquiries of the commander of 
the convoy, when the neutrality of the vessels and their cargoes, which are in his 
custody, are guaranteed. 

XII. 

In the act of the visit it is not permissible to order the hatchways opened in order 
to examine the cargo, nor furniture to be opened to search for documents. The 
documents of the vessel presented by the captain to prove the legitimacy of the flag 
and the nature of the cargo are the only instruments of proof law admits. 

XIII. 

Although very rarely, it might occur that the essential documents of the vessel — 
those which refer to its nationality or the nature of the cargo — may have been lost, 
mislaid, or left on land by unintentional forgetfulness; if such a case occurs, and 
by other papers or means which the captain presents the visiting official is con- 
vinced of the neutrality of the vessel and its cargo, it may be authorized to continue 
its voyage. But if it is not possible to arrive at this conclusion the vessel will 
be detained and carried to the nearest Spanish port, so as to make the necessary 
investigations regarding the point or points which caused the doubt. 

The commander of the searching vessel and the officers commissioned to make 
the visit should conduct the visit without undue inconvenience or prejudice against 
the good faith of the neutral visited, and without losing sight of the considerations 
and courtesies nations owe one to the other. 

NOTES RELATIVE TO THE FIRST POINT OF ARTICLE X. 

The clauses of the Convention of Geneva of August 22, 1864, and of its additional 
articles drawn up in the second diplomatic conference of the 20th of October, 1868, 
are as follows: 

(a) The vessels which shall on their own account and risk gather up during or 
at the termination of the combat wounded or shipwrecked persons, or having 
received them shall conduct them to a floating hospital, or neutral one, shall enjoy, 
while they execute this mission, that degree of neutrality which circumstances of 
the engagement and the situation of the vessels permit. 

The consideration of these circumstances are confided to the humanity of all the 
combatants. 

The shipwrecked and wounded rescued in this manner will not serve again 
during the war. 

(d) The personnel, religious and sanitary, and the effects of the hospital of all 
vessels captured are declared neutral. Therefore, on abandoning the vessel such 
personnel will take the objects and instruments of surgery which are personal 
property. 

(c) The personnel mentioned in the former article should continue performing 
their office in the captured vessel and assist in the evacuation of the wounded, which 
the captor may direct, afterwards being at liberty to return to their own country, 
according to the provisions of paragraph 2 of the first of the additional articles.* 

The stipulations of the second of said articles are also applicable to the personnel 
already referred to.f 



♦This article says the lime of departure will be fixed by the commander of the occupying forces 
t Determines that the personnel neutralized will receive their salaries and emoluments. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 63 

(d) The military hospital ships will continue subject to the laws of war, as 
regards their material; therefore they will be the property of the captors, but may 
not be separated from their special service during the war. 

(e) All merchant vessels, to whatever nation they may pertain, which convoy 
exclusively wounded and sick — acting as transports — will be considered as neu- 
trals; but the visit of an enemy's cruiser, giving notice in the log book of the 
vessel visited, will suffice that those sick and wounded aboard will be incapacitated 
from again serving during the war. The cruiser will have also the right to place 
aboard a representative, who will accompany the convoy and guarantee the good 
faith of the transport. 

If the merchant vessel carries a cargo besides, it will also be protected by neu- 
trality, unless consisting of contraband of war. 

The belligerents have the right to prohibit to neutral vessels all communication 
or any route which may be judged prejudicial to the concealment of their operations. 

In urgent cases, the commanders in chief will enter into special agreements in 
order to neutralize for the time being, or in any particular manner, vessels destined 
for the transportation of the wounded and sick. 

(/) The wounded and sick sailors and soldiers who may be embarked will be 
protected and cared for by their captors, to whatever nation they belong. 

On returning to the country of their origin, they are prohibited from taking up 
arms again during the continuance of the war. 

(g) The white flag with the red cross, in union with the national colors, will be 
the distinctive emblem to indicate that a vessel or boat claims the benefit of neu- 
trality. Belligerents reserve to themselves regarding this point all the measures 
considered necessary for proof. Military hospital ships will have their sides 
painted white and portholes green. 

{/i) This class of vessels equipped by aid societies, recognized by the powers 
signatory to the Geneva Convention, provided with commissions emanating from 
the sovereign who has authorized their equipment, and a document of the compe- 
tent marine authority setting forth that they are subject to inspection from the 
moment of sailing, and are to engage only in the special service for which they are 
destined, will be considered as neutrals, and will be protected and respected by the 
belligerents. 

For identification, they will raise with their national colors the white flag with 
the red cross. The designation of the staff in the exercise of their functions will 
be a band with the same colors, and the vessel's sides will be painted white with red 
portholes. 

These vessels will give aid and assistance to vessels and wrecks of the belliger- 
ents without distinction of nationality. 

They will not impede or delay in any manner the movements of the belligerents. 

They will operate during and after the combat at their own risk and danger. 

On their part the belligerents will have over these vessels the right of inspec- 
tion and search, having power to refuse their approach, to order that they with- 
draw, and even to detain them if the gravity of the circumstances demands. 

The wounded and shipwrecked gathered up can not be reclaimed by any of the 
combatants, and will be incapable of serving during the war. 

In marine wars a well-founded presumption that one of the belligerents is util- 
izing the benefits of neutrality for an object other than that of humanity in the aid 
of the wounded, shipwrecked, or sick authorizes the other belligerent to suspend 
the effects of the convention as to its adversary until the good faith placed in doubt 

is reestablished. 

T/ie Minister of Marine, 

Madrid, April 24, i8g8. Segismundo Bermejo. 



164 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 8. 

The Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, May ir, i8g8. 

Excellency: For the purpose of setting forth opportunely the 
significance of acts and incidents which are beyond doubt, and to 
establish once more their relation to the law of nations, the Govern- 
ment of His Majesty has resolved to address itself to the friendly 
powers, as follows: 

(i) That war was declared on the part of the United States April 
25, but, with strange and unlawful particularity, was made retro- 
active four days — that is to say, to April 21. 

(2) In consequence of this illegitimate date the capture of the 
Spanish steamships j9z^<f;?a Ventura, Pedro, Catalina, Miguel J over, Satur- 
nina, of the schooners Caudita, Antonio Sofia, Matilde, and Canelita, and 
any others which may have taken place prior to April 25, the date of 
declaration of war, constitute other abusive and illegal acts, which 
can never serve as a ground for declaration of good prize without 
openly violating the principles of international law, admitted and sus- 
tained by the principal powers of Europe and by the United States. 

(3) That the blockade of part of the north coast of Cuba, between 
Bahia Honda and Cardenas, and of the port of Cienfuegos on the 
south coast can not be considered effective, this being demonstrated 
by the entrance into Habana April 23 of the steamships Cosnie Herrera 
and Aviles and the 7th of May of the schooner Santiagueto, and the 
loth of May by the entrance of the steamship Montserrat; by the 
entrance into Cienfuegos April 22 of the steamship Argonauta, and 
the 26th of the same month of the Montserrat, and the 6th of May 
of the Antinoge'nea. Neither is there any doubt that on the first of 
the month the blockade was absolutely interrupted on the north 
coast by the war vessels of the United States going away, being 
afterwards replaced by others smaller; the interruption indicated 
requiring, therefore, a new notification of apparent or intended block- 
ade to any nation which has been notified. 

In recognition of the truth, in defense of justice, and in the service 
not only of Spain, but also of all marine powers and colonies, which 
in the future, perhaps not very remote, may be placed in similar 
circumstances to those now confronting Spain, the Government of 
His Majesty has thought that you should inform the country to 
which you are accredited of the foregoing, and for this reason you 
may read this communication to the Minister for Foreign Affairs and 
leave a copy with him. 

By royal order. 

Dios, etc., Pio GuLLON. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 65 

No. 9. 
The Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, June 6, i8g8. 

Excellency: The Government of His Majesty, adhering to its 
purpose of submitting to the consideration of the friendly powers the 
proceedings contrary to the law of nations practiced by the United 
States in the present war with Spain, deems it necessary to add to 
those already set forth in the royal order (circular of the nth of last 
May) various other incidents occurring subsequently, which will 
surely merit the disapprobation of the civilized world. 

In order to give to these incidents their due importance, it is nec- 
essary to bear in mind that the nation putting them in practice is 
the same which upon different occasions censured Spain for the 
manner the war in Cuba was conducted, and is the nation which 
has claimed to justify its inexcusable conduct toward us by sup- 
posititious sentiments of humanity, which upon the first occasion it 
has denied in a most marked manner. 

These incidents, so contrary to the law of nations and modern 
civilization, are bombardment without previous notification, the 
illegal use of the Spanish flag, and the cutting of submarine cables. 

The principle in force in modern international law is that all 
bombardments should be preceded by a notification, so that neu- 
trals can be placed in safety, and in particular women and children. 
What occurred at the bombardment of Paris, which might be ad- 
duced as a precedent contrary to the theor}^ set forth, is not and 
should not be considered as such, because, according to Prince 
Bismarck's statement, not only the Chancellor, but also the Geiman 
Secretary of State notified in time the diplomatic representation in 
Berlin and Paris of the risk to which those remaining in the latter 
capital were exposed. Notwithstanding this, the protest which the 
foreign ministers remaining in Paris felt called upon to make is well 
known. 

Bluntschli, in article 554 of his International Code, says humanity 
demands that inhabitants be advised, in case of bombardment, of 
the time fire will be opened. Article 16 of the Declaration of Brus- 
sels provides for the same, and this is part of the Spanish regulations 
of campaign, article 935 of same stating as follows: 

The destruction of a city by bombardment is an extreme only admitted by the 
lack of all other resources for reducing an important fortification. * * * 

By all means the besieger should previously announce the time of bombard- 
ment and give a term for the departure of the pacific inhabitants. 



1 66 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Dudley Field, the North American statesman, a veritable au- 
thority on the subject and author of the code of the State of New 
York, in article 757 of his Project for an International Code, says: 

The commander of any army who desires to bombard a city should begin by 
giving to the authorities notice of his intention, leaving them necessary time to 
send away all the inhabitants who are not active enemies. 

The accepted instructions for the armies of the United States in 
campaign are inspired by the same humanitarian principle, for if 
they authorize bombardment by surprise (article 19) they specify it 
only in case of necessity (which is not applicable to the cases now 
under consideration), and the instructions state that commanders 
of the besiegers will always, if it be possible, give notification of 
their intention of bombarding the place, to the end, adds the 
referred-to article, "that the pacific citizens, especially the women 
and children, may be able to seek a refuge before the commencement 
of the bombardment." 

The fleet of the United States, upon bombarding Cienfuegos, 
Cardenas, Santiago de Cuba, Cabanas, Matanzas, San Juan de 
Porto Rico, and Cavite, did so without notice, not respecting the 
proper measures and requirements of international morals, which 
are demanded by the law of nations. 

Equally censurable is the act of various American vessels in mak- 
ing use of the Spanish flag in order to enter the port of Guantanamo. 
The same procedure, although it may have been used in past times 
and in extreme cases — especially in order to flee from a more power- 
ful enemy — in our times is considered contrary to the military honor 
and courtesy which should exist in a contest between two regular 
armies. For this reason, in article 13 of the Declaration of Brus- 
sels of 1874 and in No. 8 of the Manual of the Laws of War, pub- 
lished by the Institute of International Law (Oxford, 1880), it is 
absolutely prohibited, in all cases, that there be used the flag, mili- 
tary insignia, or uniforms of the enemy, and such prohibitions 
completely conform to the true principles of the law of nations. 
Field, in his article 764, describes such acts as illegal stratagems. 
The interruption, even to the cutting of cables, is not contrary to 
positive international law, inasmuch as article 15 of the convention 
of March 14, 1884 (the only provision regarding the matter), excludes 
a state of war. But the application of this system may cause a tre- 
mendous inconvenience to the whole world, and is so contrary to 
the respect for private property which animates the recent declara- 
tion of principle that it can not be accepted without just protest, 
and without legitimate reprisal being made to the prejudice not 
only of the other belligerents, but also of neutrals. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 67 

The Government of His Majesty, faithful to the honorable and 
chivalrous traditions of the Spanish nation, has shaped all its acts, 
in the present war, by the most scrupulous respect to the principles 
of right, and considers that it is its duty to protest that the enemy 
is not conforming with equal scrupulousness to the laws of war. 
These constant infractions by the enemy place Spain in a most diffi- 
cult position in conducting the campaign, establishing a great ine- 
quality, which accentuates the enormous superiority of the resources 
at the disposition of the United States. 

In order to provide for the possible contingencies arising from 
these infractions, and to reestablish in part the equality of the 
struggle, the Government of His Majesty, on a repetition of such 
improper and censurable proceedings, will find it necessary to adopt 
radical measures; among them, that of considering whether the 
moment has arrived to abrogate, on its part, and without any con- 
sideration, all the rules of international law. 

Your excellency will please read and give a copy of this note to 
the Minister for Foreign Affairs. 

By royal order. 

Dios, etc., The Duke of Almodovar del Rio. 



THE CAPTURE OF VESSELS. 



No. 10. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, April 26, i8g8. 
It is not possible to appreciate here the circumstances of the cap- 
ture of the several Spanish vessels by the North American cruisers. 
I therefore beg your excellency to kindly arrange that the French 
Government give instructions to its ambassador in Washington to 
formulate such claims and protests as may be considered desirable 
for the protection of Spanish interests. By post I send your excel- 
lency a more detailed communication. 

GULLON. 



No. II. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, April 26, i8g8. 

Excellency: In addition to the telegram I have just had the 
honor of sending your excellency, I hasten to state to you that 
although the Government of His Majesty is not yet able to appre- 
ciate the circumstances of the capture of various Spanish vessels by 
North American cruisers, it seems that at least in some of the cases 
known up to the present time there were irregularities, or apparent 
irregularities, which would justify a protest to the Washington Gov- 
ernment by the diplomatic representatives of France and Austria 
charged with the protection of Spanish interests in North America. 

In fact, if the declaration of war is not an indispensable requisite 
in the opinion of many authors to the commencement of war or in 
its judicial effects from the moment of the existence of the first act 
of hostility, it is necessary to bear in mind that marine prizes must 
be judged by a competent tribunal, and that such tribunal, in the 
first instance, must apply national laws, and as the Constitution of 
the United States, section 8, determines that the declaration of war 
appertains to Congress it does not seem possible that an American 
court will consider as good prizes those made before the declaration 
of war by Congress. 
16S 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 69 

It is not possible to destroy the force of this argument with the 
fiction of giving a retroactive aspect to the declaration of war, 
because it would be contrary to all right, principally affecting per- 
sons who were not able to have notice of the rupture of diplomatic 
relations. 

Nevertheless, the Government of His Majesty, which up to this 
time has only had notice of the capture of the Spanish vessels 
Buena Ventura, Matilde, Miguel Jover, Saturtiina, and Catalina, does 
not consider itself at present in possession of sufficient data to en- 
able it to judge of the legitimacy of said captures, and limits itself 
to charging your excellency to submit to the French Minister for 
Foreign Affairs the considerations set forth, requesting him, if in 
his opinion he regards these data meriting attention, to telegraph 
his ambassador in Washington in order that he formulate such claims 
and protests as may be considered advisable. 

These may have a very comprehensive character, embracing all 
the captures made previous to the date of the vote of declaration 
of war by Congress. 

Of the results of your efforts, your excellency will please inform 
this Ministry as soon as possible. 

By royal order. 

Dios, etc., Pio GuLLON. 

No. 12. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, April 27, i8g8. 
The Minister for Foreign Affairs has telegraphed to the ambassa- 
dor of France in Washington as your excellency desires. 

Leon y Castillo. 



No. 13. 

The Ainbassador of His Majesty in Paris to the Minister of State. 

Paris, May 2, i8g8. 

Excellency: In view of the dispatch of your excellency, dated 
April 26, relative to the seizure of Spanish merchant ships by the 
North American Navy before the official declaration of war, I had a 
conference with the French Minister for Foreign Affairs and laid 
before him the considerations your excellency sets forth. 

As I reported to your excellency by telegraph, Mr. Hanoteaux has 
communicated with the ambassador of France in Washington, en- 
joining the greatest zeal in the matter. M. Cambon, in a dispatch 
which the Minister read me, answered, stating that up to that date 
he only had official notification of one prize— the steamship Buena 



I JO SPANISH CORRESPONDENCE AND DOCUMENTS. 

Ventura. It is impossible to take tlie preparatory steps for any claims 
in the other cases unless those interested begin by making appeal 
through the consuls of Austria and France. Your excellency remem 
,bers that these nations have divided the protection of our citizens 
and their interests in the United States — those in the South per- 
taining to France and in the North to Austria. Therefore, it is 
indispensable that those damaged apply to the consul who exercises 
protection in the locality where the damage has been caused. The 
consul will then present the claim himself, or have recourse to his 
ambassador. Without this appeal from the parties injured the 
French and Austrian consuls and diplomatic authorities will not be 
able to do anything. 

On the other hand, a prize court has already been constituted, 
and in the future it will be necessary to proceed judicially. 

In regard to this point I have advices that whatever may be the 
judgment of the prize court respecting captures made by the Amer- 
ican Navy before war was officially declared, the general belief in 
the United States is that if those interested appeal to the Federal 
Supreme Court this will annul the sentences where captures have 
been declared good prizes under the conditions referred to. 

This fully answers the dispatch of your excellency referred to. 
Dios, etc., 

F. DE Leon y Castillo. 

Note. — A copy of this dispatch has been given to all shipowners 
who have appealed to the Minister of State. 



No. 14. 

The Consul of Spain at Liverpool to the Minister- of State. 

[Translation.] 

Liverpool, June 24, i8g8. 

Excellency: The i6th day of June there appeared in this con- 
sulate the crew, composed of 32 persons, including the captain and 
officers, of the Spanish steamship Rita., of 2,093 tons burden and 1,396 
tons cargo, and registered in Santander. Her captain, Don Pedro 
Ceniga, declares that, being anchored in the port of St. Thomas, 
the consul of Spain ordered him to sail for Porto Rico, which he 
did in virtue of order received from that official, and before arriving 
at the port of his destination he was overtaken and seized by the 
auxiliary cruiser Yale and taken to Charleston, the crew being sent 
by rail from there to New York. 

Also, the captain declares that, finding himself in New York with- 
out resources, they embarked on the English steamship Britannic, 
of the White Star Line, which brought them to this port, where 



SPANISH CORRESPONDENCE AND DOCUMENTS. I71 

Messrs. Bohr Behrend Kors, the consignees of the Serra Company, 
to which the steamship Rita belongs, paid the cost of their passage, 
amounting to ^227 17s. 8d. 

The captain, in giving me an account of all that occurred since 
his departure from St. Thomas, delivered to me a copy of the order 
received from the consul ; the expense accounts of the crew from the 
14th day of last April, when he sailed from Santander for Porto 
Rico; the account of the passage on the Britannic from New York to 
this port; and a protest, which document at his petition is inclosed 
to 3^our excellency. 

I make known to your excellency that when the captain delivered 
to me the documents cited I read to him the whole of article 643 of 
the Code of Commerce, he being fully informed of its contents. 

In consequence of the crew being here without resources of any 
kind, on the 17th I embarked them for the Peninsula on the Spanish 
steamship Niiia^ the consulate simply paying their maintenance dur- 
ing the voyage; also, I have paid the custom-house here for storage 
and transportation of their effects to the steamship Nina jQi 17s., 
which amount I charge to extraordinary expenses, all of which I 
have the honor of submitting to your excellenc3^ 

Dios, etc., 

Enrique Mediano. 



No. 15. 

The Under Minister of State to the Consul of Spain in Liverpool. 

[Translation.] 

Madrid, June 28, i8g8. 

By royal order communicated by the Minister of State, I have 

the honor of acknowledging the receipt of your dispatch No. 30, of 

the 24th instant, relative to the protest of the crew of the steamship 

Rita^ informing you that the course you followed in this matter is 

approved, and that your dispatch and accompanying papers have 

been handed to the Minister of Marine. 

Dios, etc., 

L. Polo de Bernab^. 



No. 16. 
The Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, July 75, i8g8. 
Excellency: In reference to the royal order 138 of 26th of April 
last, relative to the seizure of certain Spanish merchant ships by the 



172 SPANISH CORRESPONDENCE AND DOCUMENTS. 

United States men-of-war, I hand your excellency a copy of the 
statement (and its accompanying documents) of Messrs. Lopez Trigo 
Brothers, merchants of Coruna, in reference to the seizure of the 
steamship Guido in Cuban waters by an American man-of-war, which 
took the vessel to Key West. The owners protest against this act 
and ask that proper diplomatic claim be made, so they will be 
indemnified for the value of the merchandise seized. 

Granting that the steamship Guido sailed from Coruna April 9, 
or a number of days previous to the rupture of relations between 
Spain and the United States and the declaration of war by the latter, 
and considering what is set forth in the proclamation of the Presi- 
dent of the North American Republic relating to the judicial rules 
to be observed in the war with Spain, the Government of His Majesty 
considers that, while it is not possible to appreciate here all of the 
circumstances of the seizure of the steamship Guido^ it appears to 
be one of those cases in which irregularities exist, as I said to your 
excellency in royal order of April 26, which might justify a protest 
to the Washington Government by the representatives of France 
and Austria charged with the protection of Spanish interests in 
the United States. 

Although the ship may have been seized after the declaration of 
war, which matter is not specified in the statement of the interested 
parties, it is nevertheless proper to discuss the legality of the seizure, 
because in justice the consequences of war should not be applied to 
vessels which, having sailed previous to its declaration, were igno- 
rant of its existence, and therefore were not aware they were running 
the risks of it. 

On the other hand, the fourth paragraph of the President's proc- 
lamation (which has been referred to) declares that Spanish merchant 
vessels may be in American ports and localities until May 21, inclu- 
sive, and depart from said ports, and if they are encountered on the 
high seas by American ships will be permitted to continue their 
voyage, etc. 

It is therefore just that if ships sailing from American ports after 
the declaration of war are respected, with more reason those vessels 
should be respected sailing from other ports before the declaration of 
war, not having anything aboard which could be considered contra- 
band of war. 

By royal order I communicate this to your excellency, begging 
you that if the considerations just set forth are thought meriting 
attention you will submit them to the French Minister for Foreign 
Affairs, arranging that he charge his ambassador in Washingon to 
make the claims and protests which are considered necessary. 
Dios, etc.. 

The Duke of Almod(3var del Rio. 



SPANISH CORRESPONDENCE AND DOCUMENTS. I 73 

No. 17. 

The Ambassador of His Alajesty in Paris to the Minister of State. 

[Translation.] 

Paris, July 26, i8g8. 
Excellency: I have the honor of acknowledging royal order 
268, referring to the claims of Messrs. Lopez Trigo Brothers, mer- 
chants of Coruna, against the seizure of the steamship Giiido, in the 
waters of Cuba, by an American man-of-war, which took her to Key 
West. In compliance with the mentioned royal order, I directed to 
the Minister for Foreign Affairs the claim under consideration, my 
note being accompanied by the original documents and statement 
your excellency sent me. 

Dios, etc., F. DE Leon y Castillo. 



No. 18. 

The Under Mi?iister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, September jo^ i8g8. 

Excellency: Annexed I have the honor of placing in your 
hands a statement, which, under date of September 28, has been 
directed to this Ministry by Don Isidro Bertran, captain of the cor- 
vette Carlos F. Pose's, captured by the United States cruiser New 
York in sight of the island of Cuba and declared a good prize by 
the proper tribunal the 3d day of June last. He solicits that the 
Government of His Majesty claim from the United States an in- 
demnity of ^4,500 gold, on account of said corvette having begun 
her voyage previous to the rupture of relations between the two 
countries. 

By royal order communicated by the Minister of State, I trans- 
mit this to your excellency for your information and to the end that, 
through the medium of the French Minister for Foreign Affairs, it 
will come into the hands of the representative of France in Wash- 
ington in order that, representing Spanish interests, he may formulate 
the claims and protests considered necessarj'. 

Dios, etc., 

L. Polo de Bernabe. 



174 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 19. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Translation.] 

Paris, October 5, i8g8. 
Excellency: In reply to the notes I addressed to the French 
Minister for Foreign Affairs, under dates of July 6 and September 9 
past, I have the honor to transmit to your excellency copy of the 
note sent me by Mr. Delcasse relative to the capture of the Spanish 
steamship Guido, which sailed from Coruna before the declaration 
of war and was seized by the United States Navy in the waters of 
the Antilles. After transmitting the reflections and arguments 
of the French ambassador on the subject, he asks for the conclu- 
sions and decisions which His Majesty's Government may take in 
the matter. 

Dios, etc., F. DE Leon y Castillo. 



[Inclosure. — Translation.] 
The French Minister for Foreign Affairs to the Ambassador of His Majesty. 

Paris, September ^7, i8g8. 

Mr. Ambassador: Complying with the desires of your excellency of July 26 
past, I sent to our ambassador in Washington the statement of Messrs. Lopez 
Brothers, merchants of Coruna and owners of the ship Gtiido, protesting against 
the capture of said vessel by the American authorities. Mr. Jules Cambon, after 
carefully studying the matter, sent me to-day his impressions regarding it. 

In transmitting to me the mentioned statement, your excellency observed that 
Spanish merchant vessels sailing from American ports under the conditions set forth 
in paragraph 4 of the proclamation of the President of the United States, dated 
April 26, 1898 — that is to say, after the declaration of war — were authorized to con- 
tinue their journey, and therefore for the same reason equal favor should be 
accorded to those vessels sailing from other ports " previous to April 21." 

Our representative in Washington fears that this argument will not be admitted 
by the Department of Justice, in spite of its apparent equity. 

In fact, in conformity with the principles determined by the decisions of the 
Federal Court, Judge J. W. Locke decided that a prize court is of privileged 
jurisdiction and should not be bound by considerations of equity, which govern 
ordinary courts. 

According to this judge it is necessary to execute literally the provisions of 
the President's proclamation before cited, which states the cases where merchant 
vessels are protected from capture. 

Therefore, the immunities indicated in paragraph 4 of said document are only 
applicable to those Spanish ships which found themselves at the time of the 
declaration of war in American ports, this not being the case of the Guido, which 
at that time was navigating in the waters of Habana. 

Neither can paragraph 5 of the proclamation be invoked in favor of this vessel, 
because it solely concerns those "Spanish vessels which sailed before April 2 j from 
a foreign port with a port of the United States as destination." 



SPANISH CORRESPONDENCE AND DOCUMENTS. I 75 

The Guido, having sailed from Corufia before April 21, was bound, not to a 
United States port, but to Cuba, and therefore is not comprehended in the con- 
ditions set forth in articles 4 and 5, and not authorized to continue her voyage. 

Mr. Jules Cambon, believing he should not begin efforts which might not have 
a probability of being crowned with success, asks instructions from me, and I, 
on my part, beg that your excellency will please indicate to me if, after a fresh 
examination of the subject, the Government of the Queen Regent maintains and 
insists upon its former conclusions, and it is desired to submit the case under con- 
sideration to the Federal Government. 

I improve, etc., Delcasse. 



No. 20, 

The Under Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, October 12, i8g8. 

Excellency: Inclosed I have the honor of handing your excel- 
lency a statement of the loth instant directed to this Ministry by 
Don Pedro Gust, captain of the bark Frasquito, seized by the North 
American cruiser Montgomery the 5th of last May and declared a 
good prize by the proper court. 

He prays that the Government of His Majesty claim from the 
United States Government an indemnification of 100,000 pesetas, 
because said vessel began her voyage before the rupture of relations 
between the two countries. 

By royal order, communicated by the Minister of State, I trans- 
mit to your excellency for your information and to the end that, 
through the medium of the French Minister for Foreign Affairs, it 
will come into the hands of the representative of France in Wash- 
ington (charged with Spanish interests) for the purpose of formu- 
lating the claims and protests considered proper. 

Dios, etc., 

L. Polo de Bernabe. 



No. 21. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.! 

Madrid, October ip, i8g8. 
Excellency : I have received dispatch No. 390 of the 5th instant, 
which accompanies copy of note directed to you by the French Min- 
ister for Foreign Affairs, relative to the capture of the Spanish steam- 
ship Guido in the waters of the Antillas by the marine of the United 
States. 



176 SPANISH CORRESPONDENCE AND DOCUMENTS. 

In answer I beg that your excellency will please express to the 
Minister that the Government of His Majesty will feel obliged if 
he makes known to the ambassador of France in Washington its 
desire that, in view of the considerations set forth, he suspends the 
proposed claim, without prejudice, so that if in the future there 
may arise favorable circumstances they can be taken advantage of, 
especially if they offer hope of a successful termination. 

By royal order I communicate this to your excellency for your 
information and purposes expressed. 
Dios, etc.. 

The Duke of Almodovar del Rio. 



No. 22. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Translation.] 

Paris, October 26, i8g8. 
Excellency: I have the honor of acknowledging receipt from 
your excellency of the royal order No. 394 of the 12th instant rela- 
tive to the seizure of the bark Frasquito by the North American 
cr\x\i>^x Montgomery. I should inform your excellency that according 
to the provisions of this royal order I have trasmitted to the French 
Minister for Foreign Affairs the statement of Capt. Pedro Gust, to 
the end that he shall place it in the hands of the representative of 
France in Washington (charged with Spanish interests) for the 
claims and protests considered necessary. 
Dios, etc., 

F. DE Leon y Castillo. 



No. 23. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, October 28, i8g8. 
Excellency: By royal order I have the honor to transmit to 
your excellency, in order that, in the customary way, you will have 
placed in the hands of the French ambassador in Washington the 
inclosed claim (with its attached documents) of the captain of 
the Spanish lugger Lorenzo, seized by the North American Navy, 
so that, if a favorable occasion arise in which it appears probable 
that the demand will have attention, he present it to the Secretary 
of State, in the form he may consider most adequate. 
Dios, etc.. 

The Duke of Almodovar del Rio. 



SPANISH CORRESPONDE^XE AND DOCUMENTS. I 77 

No. 24. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, November 2, i8g8. 
Excellency: B}^ royal order I have the honor of transmitting to 
your excellency, in order that in the customary way you will please 
have placed in tlie hands of the Frencli ambassador in Washington 
the inclosed claim of the owner of the schooner Maria Dolores., seized 
by the North American naval forces, so that if a favorable oppor- 
tunity arise in which there is a probability that the demand will 
have attention he may present it to the Secretary of State at an 
opportune moment and in the form he considers most adequate. 
Dios, etc., 

The Duke of Almodovar del Ri'o. 



No. 25. 
The Ambassador of His Majesty in Paris to the Minister of State. 

[Translation.] 

Paris, November 4, i8g8. 

Excellency: I have the honor of informing your excellency that 
I have received royal order No. 402, with which were inclosed the 
documents relative to the claim presented against the American 
Government by the captain of the Spanish vessel Lorenzo. 

As directed in the same, I have hastened to transmit it to the 
French Minister for Foreign Affairs, to the end that, when the French 
ambassador in Washington thinks it advisable, he may submit the 
claim. 

Dios, etc., F. de Leon v Castillo. 



No. 26. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Translation.] 

Paris, November 2j, i8g8. 
Excellency: I have the honor of advising your excellency that 
I have received the royal order No. 415, of the 2d instant, relative 
to the claim of the owner of the schooner Maria Dolores, seized by 
the North American naval forces, and, according to the aforecited 
royal measure, yesterday I handed the documents to the French 
Minister for Foreign Affairs, to be transmitted to the ambassador of 
France in Washington. 

Dios, etc., F. de Le(')N y Castillo. 

s D c 12 



178 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 27. 

The Ainbassador of Her Britannic Majesty to the Minister of State. 

NOTE VERBALE. 

Madrid, October 28, i8g8. 

Mr. Melander, an American citizen, was made prisoner, as I 
understand, by the Spanish authorities of Ponape in the Caroline 
Islands. 

As it appears, Mr. Melander, who had been a merchant in these 
islands since 1889, entered Ponape July 4, on board his vessel, being 
ignorant that a state of war existed between the United States and 
Spain. He was consequently made prisoner, and is now awaiting 
the condemnation of his vessel. 

The ambassador of Her Britannic Majesty has been instructed 
by the Marquis of Salisbury to use his good offices with the Spanish 
Government for the purpose of obtaining the liberty of the prisoner 
and a treatment as equitable and liberal as may be possible in the 
affair of the condemnation of the vessel seized. 



No. 28. 

The Minister of State to the Ambassador of Her Britannic Majesty. 

[Translation.] 
NOTE VERBALE. 

Palace, November j, i8g8. 

The minister of His Catholic Majesty has received the note verbale 
of the ambassador of Her Britannic Majesty of the 28th ultimo, in 
which, on account of the seizure made July 4 by the Spanish authori- 
ties at Ponape of the American citizen Mr. Melander and his vessel, 
he exercises his good offices for the purpose of obtaining the liberty 
of the former and a treatment as equitable and liberal as possible 
in the matter of condemnation of the seized vessel. 

The Government of His Majesty is pleased to announce to the 
ambassador of Her Britannic Majesty that under this date appropri- 
ate orders have been sent that Mr. Melander be put at liberty, if he 
has not already been, and will have much pleasure in arranging that 
the same is done with the vessel seized as soon as the American 
Government expresses its intention to adopt equal steps regarding 
the Spanish vessels Gi/ido, Lorenzo^ Maria Dolores., and others seized 
by the United States Navy under identical circumstances — that is 
to say, having begun the voyage before the declaration of war and 
their respective captains being at the moment of capture ignorant 
that it existed. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 79 

No. 29. 

The French Ambassador to fhe Minister of State. 

[Translation.] 

Madrid, December z, iS^8. 

Dear Duke: In notes of July 26 and 9th and 15th of September 
past, the ambassador of Spain in Paris sent to the Minister for For- 
eign Affairs, for the purpose of sending them to the American Gov- 
ernment, various protests against the seizure of the steamship Giiido. 

The Minister for Foreign Affairs informs me that all the docu- 
ments relative to this matter have been transmitted through our 
ambassador in Washington to the Secretary of State, he placing 
them in the hands of the Attorney-General, who will determine the 
claims. 

Receive, etc., Patenotre. 



CABLE SERVICE. 



No. 30. 

The M mister of State to the ex-Minister of His Majesty at Washington. 

[Telegram. — Translation.] 

Madrid, April 27, i8g8. 
I am much disturbed by the lack of communication we shall 
have with the Antilles and the United States, if they succeed in 
cutting the cables, and desire the opinion of your excellency as to 
means for remedyinsr it. „ 

GULLON. 

No. 31. 

The ex-Minister of His Majesty at Washington to the Minister of State. 

[Telegram.— Translation.] 

Toronto, Canada, April 28, i8g8. 
Your excellency may communicate with Cuba by sending tele- 
grams to consul at Kingston. He can charter schooners to take cor- 
respondence to Santiago de Cuba from the north coast of Jamaica. 
With this in view, I sent there Consul Castro and Vice-Consul Brigas, 
so the consul at Kingston might have assistants of confidence. 

Polo. 

No. 32. 

The Spanish Consul in Hongkong to the Minister of State. 

[Telegram.— Translation.] 

Hongkong, May j^ i8g8. 
Telegraph was interrupted yesterday afternoon between Manila 
and Hongkong. 

Navarro. 



No. 33. 

The Minister of State to the Spanish Consul in Hongkong. 

[Telegram.— Translation.] 

Madrid, May j, i8g8. 
The Manila cable being cut by the enemy, it is necessary that 
your excellency make efforts to transmit what news you judge of 
interest and reliabilitv. 

Gullon. 
180 



SPANISH CORRESPONDENCE AND DOCUMENTS. l8l 

No. 34. 
The Spanish Consul in Hongkong to the Minister of State. 

[Telegram. — Translation.] 

Hongkong, May 7, i8g8. 
Difficult to charter steamers for fear of the Americans. They 
demand guaranties of values and damages. 

Navarro. 

No. 35. 

The Mifiister of State to the Spanish Consul in Hongkong. 

[Telegram. — Translation.] 

Madrid, May j, i8g8. 
Tell me if you can reestablish communication with Manila via 
Bolinao, sending dispatches there by foreign steamers, to be for- 
warded by land telegraph lines from Bolinao. 

GULLON. 



No. 36. 

The Spanish Consul in Hongkong to the Minister of State. 

[Telegram. — Translation.] 

Hongkong, May 18, i8g8. 

I have asked the governor-general of the Philippines if telegraph 

is open between Bolinao and Manila. Marine communication between 

Hongkong and the Philippines is interrupted. It seems less difficult 

to communicate by Labuan-Singapore. 

Navarro. 



No. 37. 

The Spanish Consul in Hongkong to the Minister of State. 

[Telegram. — Translation.] 

Hongkong, May 27, i8g8. 
Did not send dispatches to the north of Luzon, as there is no 

communication between Aparri and Manila. 

Navarro. 



No. 38. 

The Spanish Consul in Singapore to the Minister of State. 

[Telegram. — Translation.] 

Singapore, May 2g, j8g8. 
Spaniards just arrived from Iloilo tell me that the Manila-Capiz 

cable was cut in Manila by the Americans the 23d. 

Marinas. 



1 82 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 39. 

The Minister of State to the Spanish Consul in Hongkong. 

[Telegram. — Translation.] 

Madrid, May jo, i8g8. 
Please inform me by cable if you have means and the approxi- 
mate cost of communicating with reasonable regularity with the 
Philippines, making use of neutral vessels to carry dispatches either 
to Lingayen, Aparri, or a port in the north of Luzon, in order to 
go from there by telegraph on land to Manila. State anything on 
this subject which you may think more practicable and secure. 

Almodovar. 



No. 40. 

The Minister of State to the Spanish Consul in Singapore. 

[Telegram.— Translation.] 

Madrid, May jo, i8g8. 
Please inform me by cable if you have means and the approxi- 
mate cost of communicating with reasonable regularity with the 
Philippines, making use of neutral vessels, which will carry dispatches 
either to Tayabas, or Alby, or a port on the south coast of Luzon, 
in order to go from there on land by telegraph to Manila. State 
anything bearing upon the subject which you may consider more 
practicable and secure. 

Almodovar. 



No. 41. 
The Consul of Spain in Singapore to the Minister of State. 

[Telegram. — Translation.] 

Singapore, June i, i8g8. 
Received your excellency's telegram. Was occupied yesterday 
and to-day without ceasing in unsuccessful efforts. The captains 
fear capture or incurring responsibility. Nevertheless, I have found 
one who inspires confidence and will take Spanish sailor as pilot for 
Philippine coasts. But he can not give definite answer for twelve 
days, when the head of the house is expected. Asks $200 daily in 
advance. Vessel sails 8 miles an hour. 

Marinas. 



SPANISH CORRESPONDENCE AND DUCU.MENTS. 183 

No. 42. 

The Consul of Spain in Singapore to the Minister of State. 

[Telegram.— Translation.] 

Singapore, June 12, i8g8. 
The head of the house owning steamer has arrived. He refuses 
to charter it, the vessel being small for the trip, and, besides, now 
storms are beginning. Marinas. 

No. 43. 

The Minister of the Colonies to the Minister of State. 

[Translation.] 

Madrid, June ij, i8g8. 
By royal order of this date, the Ministry of the Government 
communicates the following: 

Excellency: In view of the royal order of this Ministry of the 26th of May 
past, in which was given an account of the measure dictated by the commission of 
the telegraphic corporation established in London in order that the concessionary 
company of the telegraphic cable between Hongkong and Manila might suspend 
the transmission of cablegrams by said cable, on account of it being cut and the 
Manila end seized by the American squadron, which measure was approved by 
the ambassador of His Majesty in London and has been complied with by said 
cable company, which has sealed the Hongkong end; in view of article 12 of the 
grant approved for the first concession of a submarine cable from Hongkong to 
Bolinao, and sixth article of the new grant for the concession of the same cable from 
Hongkong to Manila, approved by royal decree of March 28 last; in conformity with 
the provisions established in article 8 of the international telegraphic convention 
of St. Petersburg of 1875, affirmed in the regulations of Budapest, and taking into 
account the advantages of the measure under consideration, by reason of the cir- 
cumstances which afflict the Philippine territory, and particularly its capital. His 
Majesty the King, and in his name the Queen Regent of the Kingdom, has been 
pleased to order that the measure proposed by the aforesaid commission, regarding 
the cable from Hongkong to Manila, is approved, and communicates the present 
royal order to the Minister of State, that he may advise the respective governments 
of the other nations who have signed the international telegraphic regulations of 
Budapest, additional to the convention of St. Petersburg. 

By royal order I state this to your excellency for your informa- 
tion and compliance with its determinations. 

Dios, etc., Vicente Romero Giron. 



No. 44. 
The Minister of State to the Consul- General of Spain in Berne. 

[Translation.] 

Madrid, July //, ic 

The commission of the corporations of telegraphs established 

in London agreed recently that the concessionary cable telegraph 



184 SPANISH CORRESPONDENCE AND DOCUMENTS. 

company between Hongkong and Manila might suspend the trans- 
mission of messages on account of the cable having been cut and 
the Manila end seized by the American squadron, which step was 
approved by the ambassador of His Majesty in London and has 
been complied with by the cable company sealing the Hongkong end 
of the cable. 

The Ministry of the Colonies stated to this Ministry of the State, 
under date of June 13, that in view of what is set forth in article 12 of 
the grant approved for the first concession of a submarine cable from 
Hongkong to Bolinao, and the sixth article of the new grant of con- 
cession of the same cable from Hongkong to Manila of the 28th of 
last March, and in conformity with the conditions of article 8 of the in- 
ternational telegraphic convention of St. Petersburg of 1875, affirmed 
in the ordinance of Budapest, and taking into account the advantages 
of the measure treated of, on account of the circumstances afflicting 
the Philippine territory, and in particular its capital, the Govern- 
ment of His Majesty has approved the understanding adopted by 
said commission for the cable from Hongkong to Manila. 

By royal order I communicate this to you, to the end that you 
will please communicate it to the Federal Government in order that 
by means of the central international office, and in virtue of what is 
set forth in article 14 of the St. Petersburg convention and article 
80 and following of the regulations of Budapest it may be commu- 
nicated, if thought best, to the governments of the signatory nations 
of the aforesaid international agreements. 
Dios, etc.. 

The Duke of Almodovar del Rio. 



No. 45. 

The Charge of the Spanish Consulate-General in Switzerland to the 
Minister of State. 

[Translation.] 

Zurich, June 2j, i8g8. 
My Dear Sir: I have the honor of acknowledging to you the 
receipt of the royal order No. 30 of the 17th instant, and, informed 
of its contents, I hastened to communicate it to His Excellency the 
President of this Confederation, in charge of the Department of 
Foreign Affairs, in order that, if it is thought best, by means of the 
international central office, it may communicate it to the govern- 
ments of the signatory nations of the international agreements of 
St. Petersburg, affirmed in the ordinance of Budapest, referring to 
the original concession of the submarine cable from Hongkong 
to Manila. 

Dios, etc., Manuel de Sota. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 85 

No. 46. 

The Ambassador of Her Britannic Majesty to the Minister of State. 

[Translation. | 
CONFIDENTIAL LETTER. 

Madrid, fidy 4, i8q8. 
My Dear Duke: The commander in chief of the British forces 
in China telegraphs, under date of the 2d instant, that it might be 



The Foreign Office orders me to make, without delay, a repre- 
sentation in the sense indicated to the Spanish Government. 

I am, etc., 

F. Drummond Wolff. 



No. 47. 

The Minister of State to the Spanish Consul in Kingston, Jamaica. 

[Telegram.— Translation.] 

Madrid, July 5, j8g8. 
Telegraphic communications with Santiago de Cuba are inter- 
rupted by bombardment. Please arrange service between your port 
and the best point for transmitting to Habana Government tele- 
grams which may be sent you. Recommend activity. 

Almodovar. 



No. 48. 

The Minister of the Colonies to the Minister of State. 

[Translation.] 
ROYAL order. 

Madrid, July j, iSg8. 
Excellency: In view of the royal order of the Ministry of the 
Government communicating the statement of the Spanish commis- 
sion of the corporation of telegraphs in London in regard to the inter- 
ruption of cipher telegrams sent to Mexico from the islands of Cuba 
and Porto Rico and from the Peninsula via Jamaica by the Ameri- 
can Cable Company connecting with Colon and Panama, and in 
view of what was stated to your excellency respecting tliis matter 



1 86 SPANISH CORRESPONDENCE AND DOCUMENTS. 

in royal order of this Ministry of 23d of last May, so that your excel- 
lency might confer with the representatives in Madrid of the Mexican 
Republic and those of Central America regarding the unhindered 
transit of the cipher telegrams alluded to, and that in the same man- 
ner similar negotiations might be undertaken by our representa- 
tives to these nations, His Majesty the King, and in his name the 
Queen Regent of the Kingdom, has been pleased to dispose that I 
remind your excellency of what is set forth in the cited royal order 
of the 23d of May, and most particularly that your Ministry, of 
which you are the worthy head, arrange with the minister of Colom- 
bia in Madrid that the abuse be discontinued which the American 
company, owners or controllers of the cable from Jamaica to Colon, 
commit in intercepting our cipher cablegrams arriving at Jamaica on 
the way to Mexico, and in the same manner open analogous negotia- 
tions with said Government through the channel of our representative 
in said Republic. This the Government of Colombia should not 
tolerate or ignore. This of royal order I send to your excellency 
for your information and appropriate execution. 

Vicente Romero Girun. 



No. 49. 

The Minister of State to the Minister Plenipotentiary of Colombia. 

[Translation.] 

Palace, July j, i8<p8. 

Mv Dear Sir: The Government of His Majesty continues to 
observe that the cipher telegrams directed to Mexico from Cuba, 
Porto Rico, and the Peninsula are constantly intercepted in Colon 
or Panama by the Americans controlling the cables connecting 
Jamaica with Colon and Panama with San Juan del Sur. 

Both cables being in Colombian territory, right of censorship only 
appertains to the Government which your excellency so worthily 
represents in this Court, and not in any manner to the operating 
company. 

In view of this, and the Government of His Majesty confiding 
in the sincere friendship which the Government of the Republic of 
Colombia has constantly shown it, I urge through your excellency 
that the Government of the Republic take opportune measures to 
the end that, according to the demands of neutrality, obstacles or 
hindrances be not placed on the cipher telegraphic communications 
which are sent by the referred-to cables from Cuba, Porto Rico, or 
the Peninsula. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 87 

In the hope that your excellency will think best to inform your 
Government quickly by cable, I tender in advance the most sincere 
thanks of His Majesty. I reiterate to your exceljency, Mr. Minister, 
the assurance of my most distinguished consideration. 

The Duke of Almodovar del Rio. 



No. 50. 



The Minister of State to the Consul- General of the Greater Republic of 

Central America. 

[Translation.] 

Palace, July ^, i8g8. 

My Dear Sir: The Government of His Majesty continues to note 
that cipher dispatches directed to Mexico from Cuba, Porto Rico, 
and the Peninsula are constantly intercepted by the American Cable 
Company which unites San Juan del Sur (Nicaragua) with La Liber- 
tad (San Salvador). 

These cables being in the territory of the Republics which form 
the Greater Republic of Central America, the right of censorship 
appeVtains alone to the two countries cited — Nicaragua and San Sal- 
vador — or to the Federal State, and not in any manner to the operat- 
ing company. 

In view of this, the Government of His Majesty, confiding in the 
sincere friendship which binds him to these States, urge through 
your excellency that your Government take opportune measures, 
complying with the precepts of neutrality, that obstacles or hin- 
drances be not imposed on the cipher telegraphic communications 
which are sent by the referred-to cables from Cuba, Porto Rico, or 
the Peninsula. 

In the hope that your excellency will think best to inform your 

Government by cable, receive in anticipation the most sincere thanks 

of His Majesty. 

I improve, etc.. 

The Duke of Almodovar del Rio. 



No. 51. 

The Minister of State to the Charge d' Affaires of Mexico. 

[Translation.] 

Palace, July S, 1898. 
My Dear Sir: The Government of His Majesty continues to 
observe that the cipher telegrams directed to Mexico from Cuba, 



l88 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Porto Rico, and the Peninsula, by the way of Jamaica, Colon, Pan- 
ama, San Juan del Sur, La Libertad, and Salina Cruz, are constantly 
intercepted without right by the North American company control- 
ling said cable. 

In view of this, and because the right of censorship appertains 
to those Governments in whose territories the cables are landed, 
and not to the companies controlling them, the Government of His 
Majesty, confiding in the sincere friendship binding him to Mexico, 
urges that Mexico take opportune measures to the end that, comply- 
ing with the demands of neutrality, obstacles or hindrances may not 
be placed to the cipher telegraphic communications which are sent 
by the referred-to cables from Cuba, Porto Rico, or the Peninsula. 

In the hope that your honor will think best to inform your Gov- 
ernment by cable, receive in anticipation the thanks of His Majesty. 
I improve, etc.. 

The Duke of Almodovar del Rio. 



No. 52. 

The Under Minister of State to the Representatives of His Majesty in 
Mexico^ Colombia^ and Central America. 

[Translation.] 

Madrid, July 5, i8g8. 
Excellency: On this date the representative in Spain of the 
country to which you are accredited was addressed as follows: 
[Contents of notes Nos. 49, 50, and 51.] 

Which, by royal order communicated by the Minister of State, I 
send your excellency, emphasizing the urgency of arranging with the 
Government to which you are accredited for the unhindered transit 
of official cipher telegrams by the American cables in Colon and Pan- 
ama, which matter, at this time of unusual importance, the Minister 
confides to the well-known zeal and patriotism of your excellency. 
Dios, etc., 

L. Polo de Bernabe. 



No. 53. 

The Minister of State to the Spanish Consul at Kingston, Jamaica. 

[Telegram. — Translation.] 

Madrid, July 6, i8g8. 
Telegraphic communication reestablished. Limit yourself to 
arranging means of substituting it in case of new interruption. 

Almodovar. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 89 

No. 54. 

The Minister of State to the Ambassador of Her Britannic Majesty. 

[Translation. | 
CONFIDENTIAL LETTER. 

Madrid, July 6, i8g8. 

My Dear Sir Henry Drummond Wolff: You may have the 
assurance that the Government of Spain agrees entirely with the 
sentiments expressed in your letter of the 4th instant respecting 
the importance of the meteorological advices proceeding from our 
astronomical observatory at Manila, and truly deplores that this serv- 
ice has fallen into the same state in which it was previous to having 
the cable from Hongkong to Manila. 

We do not oppose the reestablishment of telegraphic communica- 
tion between Manila and Hongkong, on the condition that the cable 
is considered neutralized, removing the station of Eastern Extension 
to a point of the Bay of Manila not occupied by the enemy, and the 
cable being equally at the disposition of all interested, including the 
Spanish authorities, without there being exercised over the transmis- 
sion of dispatches any kind of censorship. 

I am, etc., 

The Duke of Almodovar del Rio. 

Note. — To this proposal of the Government of His Majesty no 
answer was received from the Government of the United States. 



No. 55. 
The Minister of State to the Minister of the Colonies. 

[Translation.] 

Palace, July 6, i8g8. 

Excellency: In answer to the royal order issued by your excel- 
lency under date of yesterday, I have the honor of informing you 
that I urged, with all interest and pressure by the channel of the rep- 
resentatives in Madrid of Colombia, Central America, and Mexico, 
and through our representatives in said countries, the free transit 
of those cipher telegrams which, from Cuba, Porto Rico, or the 
Peninsula, may be sent by cables landed in Colon, Panama, San 
Juan del Sur, La Libertad, and Salina Cruz. As the controlling 
companies are American, and as the cables are not subject to the 
international telegraphic convention, it is certain that the freedom 
we solicit will present difficulties, but nevertheless I will demand it 
urgently, convinced of the advantage to us. 

By royal order, etc. 

Dios etc. The Duke of Almodovar del Rio. 



IQO SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 56. 

The Consul of Spain in Kingston to the Minister of State. 

[Telegram. — Translation.] 

Kingston, Jamaica, July 7, i8g8. 

Received telegram from your excellency. I should inform you 

that in case cable fails communication of Jamaica with the island of 

Cuba is almost impossible. 

Marconell. 



No. 57. 

The Consul of Spaifi in Kingston to the Minister of State. 

[Telegram. — Translation.] 

Kingston, Jamaica, July 8, i8g8. 

Cable interrupted by withdrawal of employees. 

Marconell. 



No. 58. 

The Charge d' Affaires of Mexico to the Minister of State. 

[Translation.] 

Madrid, July 8, 1898. 
Excellency: I had the honor to receive your excellency's note 
No. 23, dated the 5th of the month, in relation to the continued 
interruption by the North American company controlling the cable 
via Jamaica, Colon, Panama, San Juan del Sur, La Libertad, and 
Salina Cruz of cipher telegrams sent by Spanish authorities. I have 
transmitted the note to my Government and beg your excellency 
to have the goodness to inform me if the cipher messages your 
excellency refers to are intercepted in the offices established by the 
cable company in territory of the Mexican Republic. If this should 
be so, I will telegraph immediately to my Government the request 
of the Government of His Majesty; as confident as your excellency 
that within the precepts of neutrality, and having in view the con- 
tracts of the company, this matter will be determined in harmony 
with the cordial relations which happily unite Mexico and Spain. 
I improve, etc., 

Francisco A. de Icaza. 



SPANISH CORRESPONDENCE AND DOCUMENTS. I9I 

No. 59. 

The Minisier of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, ////)■ 8, iSpS. 

Excellency: The establishment of a cable between Santiago de 
Cuba, Haiti, and Santo Domingo was conceded by royal decree April 
I, 1887, to the Compagnie Frangaise des Cables Telegraphiques, 
whose company's domicile is in Paris, No. 38 Avenue del Opera. 
This cable is landed in the Bay of Guantanamo, with a branch to 
the port of Caimanera, points occupied at the present time by the 
American troops. 

The Government of His Majesty has had advices that this cable 
is utilized by the American army, the French company not inter- 
posing difficulties of any kind. By such attitude the concessionary 
company is wanting in loyalty to Spain, especially as its enterprise 
rests upon a concession from the Spanish Government, properly 
set forth in a public document. The Spanish authorities not being 
able to utilize the cable, a proper course demanded that the com- 
pany should have sealed the house at Caimanera, absolutely refusing 
to transmit communications presented by the enemy of Spain. This 
is the course the English concessionary company, of the cable between 
Manila and Hongkong, has followed, being inspired by veritable 
sentiments of private and commercial loyalty. 

By reason of the extraordinary importance of the matter, I impress 
upon your excellency the necessity, with all urgency, of arranging 
with the cable company the suspension of cable service between 
Santiago de Cuba and Mole St. Nicholas (Haiti), during the time 
the Spanish landing point remains in the hands of the American 
forces. 

The Government of His Majesty has perfect right, as provided 
in the grant of concession, to prohibit the transmission of telegrams 
in certain cases, and to this right the Government appeals, in the con- 
fidence that it will not be denied or opposed by the French Cable 
Company. Article 10 of the grant is as follows: 

The Spanish Govermncnt reserves the privilege of suspending the transmission of 
dispatches by the cable if they afford danger to the security of the State, in confortnity 
with the dispositions of the international telegraphic convention now in force. 

This privilege is provided in article 8 of the convention of St. 
Petersburg of July 22, 1875, and reiterated in the convention of 
Budapest of July 22, 1897. 

By royal order. 

Dios, etc.. The Dukf. of Almodovar del Rio. 



192 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 60. 

The Consul-General of the Greater Republic of Central America to the 
Minister of State. 

[Translation.] 

Madrid, July p, i8g8. 

Excellency: I received your excellency's note dated the 6th 
instant in which you state that cablegrams directed to Mexico from 
Cuba, Porto Rico, and the Peninsula are constantly intercepted by 
the American Cable Company uniting San Juan del Sur (Nicaragua) 
with La Libertad (Salvador), and at the same time (confiding in the 
sincere friendship which binds it to Spain) you urge that the Greater 
Republic of Central America (to whom belongs the right of censorship, 
and not to the controlling company) will take opportune measures 
to the end that, in accord with the precepts of neutrality, there shall 
not be placed obstacles or hindrances to cipher telegraphic com- 
munications sent over these cables. 

Consequently, and having in mind the interests of Spain and the 
friendly wishes of the Government which I am honored in represent- 
ing, I have sent under this date to the secretary of the Diet of the 
Greater Republic the following cablegram: 

Secretary of Diet, 

I\Iai2agua. 

Cable company south of Libertad intercepts cipher cablegrams from Cuba and 

Spain to Mexico. The Spanish Government, relying upon authority of Diet, protests 

against abuse of the cable. „ „ 

Consul Carrera. 

In addition to this, I have sent your excellency's note to the 
Federal authority, urging prompt remedy of such an abuse. 
I am pleased to subscribe myself, etc., 

E. Carrera. 

No. 61. 

The Minister of State to the Charge iV Affaires of Mexico. 

[Translation.] 

Palace, July 11, i8g8. 
My Dear Sir: In expressing to you the gratitude of the Spanish 
Government for the courtesy and interest with which you have 
received its statements regarding the difficulties met with in com- 
municating by cable and in cipher from the Peninsula, Cuba, and 
Porto Rico to Mexico, the Government of His Majesty is obliged to 
state in reply to your esteemed note of 8th instant that it does not 
know the point where its telegrams are intercepted, and therefore is 
not able to state whether it is in offices of the North American Cable 
Company established in the territory of the Republic of Mexico. 
I improve, etc.. 

The Duke of Almodovar del Rio. 



SPANISH CORRESPONDENCE AND DOCUMENTS. I93 

No. 62. 

The Consul-Geiieral of the Greater Republic of Central America to the 
Minister of State. 

[Translation.] 

Madrid, July 14, i8g8. 

Excellency: The secretary of the Diet of the Greater Republic 
of Central America, answering the cable I sent him the 8th instant 
in reference to the constant interception of cablegrams (directed to 
Mexico from Cuba, Porto Rico, and the Peninsula) by the American 
Cable Company, which unites San Juan del Sur (Nicaragua) with 
La Libertad (Salvador), advised me yesterday by cable that the rep- 
resentation made by your excellency regarding this matter will have 
attention. 

I am pleased to inform your excellency of this, not doubting 
but that the Diet will insist that the cable company shall observe 
the demands of neutrality. 

I am pleased to subscribe myself, etc., 

E. Carrera. 



No. 63. 

The Consul of Spain in Kingston to the Minister of State. 

[Translation.] 

Kingston, Jamaica, July jg>, i8g8. 

Americans took possession of cable at Santiago de Cuba. Service 

stopped. 

Marconell. 



No. 64. 

The Minister of State to the Spanish Consul in Kingston, Jamaica. 

[Telegram. — Translation.] 

Madrid, July jo, i8g8. 

In view of the grave situation caused by failure of telegraphic 

communication with the island of Cuba, make efforts of every kind 

to have the telegraphic correspondence of the Government reach 

Cuba, availing yourself of fishing and other boats, and sending 

telegrams in duplicate. 

Almod6var. 

s D c 13 



194 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 65. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Translation.] 

Paris, August 12, i8g8. 
Excellency: In reply to royal order 253 of July 8, and in com- 
pliance with its demands, I have the honor of sending your excel- 
lency inclosed the correspondence exchanged between the Compagnie 
Frangaise des Cables Telegraphiques and Major Don Francisco de 
Echagiie y Santoyo, military attache of this embassy, charged by me 
to make the proper protest called for by said royal order. 

F. DE Leon y Castillo. 



[Inclosure A. — Translation.] 

The Director-General of the French Telegraphic Cable Company to Major Don 

Francisco Echagiie. 

Paris, July jo, i8g8. 

I have the honor of acknowledging receipt of your letter of the 27th instant, and 
of the note which accompanied it. In answer, I send you copy of the letter I have 
directed to the delegate of the telegraphic service of Spain in London, who has 
talked with me on the same subject. 

This letter will show you under what circumstances of superior force my com- 
pany had to continue the operation of its cables in Cuba. I should add that the 
situation of the French company is absolutely identical to that of the English 
West India and Panama Company, operating the cables from Santiago de Cuba 
to Jamaica. The two companies are established in Santiago under the inspection 
of the American military authorities, which, on account of the surrender of the 
place, are invested with the administration of public works. Under these condi- 
tions I do not think that my company has the right to refuse to continue the 
operation of its cable. At any event this measure should be taken at the same 
time by the West India and Panama Company. Only in this case would the 
measure be reasonable, and would result (as I should impress upon you) that 
the population of Santiago now using our cable, at the same time that they use 
the cables of the West India and Panama Company in communicating with the 
outside world, would be deprived of all means of telegraphic correspondence. I 
am convinced that after a fresh examination of the question your Government 
will acknowledge that the situation created by the recent events in the city of 
Santiago does not permit the French company to proceed in a manner other than 
it has, and at all events in the same manner as the West India and Panama Com- 
pany operating two cables from Santiago to Jamaica. 

J. Depelley. 

[Inclosure B.— Translation.] 

The Director-General of the French Telegraphic Cable Company to the Delegate of the 

Telegraphic Service of Spain in London. 

P.\RIS, July 22, i8g8. 
Mr. Delegate: I have the honor of acknowledging the receipt of your letter of 
June 27, in which you protest in the name of the Spanish administration against 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 95 

the establishment of an office in the Playa del Este. The only answer we are able 
to give to this protest is a recital of the events which have taken place, so that you 
may appreciate them at their true value. 

On the 6th of June the cruiser ^V. Louis, of the American Navy, cut the cables 
of Mole St. Nicholas and of Aguadores, where they were landed at the Playa del 
Este. Some days afterwards the American forces took possession of this point 
abandoned by the Spaniards, and the Government of the United States demanded 
of my company the repair of their lines, and that in case of not doing so the 
repairs and reestablishment of communication would be effected by the American 
steamer Adria, armed and equipped for the purpose, which had already sailed for 
this object. 

At the same time we were advised that in case of a refusal on our part the 
American Government would take possession of the office in New York of the Amer- 
ican company "United States and Haiti," to the end of establishing direct com- 
munication with Cuba. On account of the circumstances of superior force the 
service was reestablished. We think we should ask you, on the other hand, to bear 
in mind that we only gave notification to Berne of the repair of the cable between 
Mole St. Nicholas, Caimanera, and Santiago, and that the company "Anglo- 
American," without our being consulted, gave notice of the establishment of an 
office in the Playa del Este. We feel convinced, Mr. Delegate, that it is only neces- 
sary to explain the situation to you in order that you acknowledge the necessity 
in which we found ourselves of accepting what had occurred. We have received 
your protest with a feeling the more sincere, not being able to forget the excel- 
lent relations which have always existed between ourselves and your worthy 
administration. 

I improve, etc., Depelley. 



[Inclosure C— Translation.] 

Major Francisco Echagiie to the Director -General of the French Telegraphic Cable 

Company. 

My Dear Sir: I have the honor to acknowledge the receipt of your letter dated 
yesterday, as well as a copy of the letter sent by you to the delegate in London of 
the international telegraphic service of Spain, both in answer to the protest made 
by the Spanish Government against the conduct followed by your company in the 
service of communications in the island of Cuba. 

Although my office is limited to that of intermediary, commissioned officially to 
present said protest, I should nevertheless, in making reply, report my judgment 
of its contents, and I do not desire that you shall be in ignorance of what that 
opinion is. 

First. There is no necessity of insisting (and I think this will appear to you as 
well as to me) that the reason of superior force is only a pretext, without any 
foundation whatever, since the American authorities have not intervened, nor can 
they intervene, in the station of Mole St. Nicholas, which is where the communica- 
tion should have been cut, in the same manner as the English Cable Company of 
Manila did in Hongkong after the battle of Cavite. The royal order of which I 
informed you contained clearly this observation, which you abstain from answering. 

Second. There is no reason for your supposing that an equal protest may not 
have been directed against the English company "West India and Panama;" if 
it has committed faults, no doubt it has received by this time a similar protest. 
From every point of view your conduct is unjustifiable; nor can it be admitted that 
each company demand that the other previously submit to what it is obliged to do, 



196 SPANISH CORRESPONDENCE AND DOCUMENTS. 

because with such a system there never would be means of demanding the com- 
pliance of your duty. My attention is called to the constancy you display in 
alluding exclusively to the present situation, appearing to forget that the faults 
imputed to the French company refer principally to the period elapsed between 
the landing of the Americans in the Playa del Este and the capitulation of San- 
tiago, during which time the communications of the American army with Wash- 
ington were made exclusively by the French company. The greatest prejudices 
resulted from such procedure, and this is the principal point of discusssion. 

Third. It is useless to persist in your argument regarding the necessity of main- 
taining Santiago in communication with the outside world. 

Fourth. In regard to the letter you direct to Mr. Vigil, your reasoning is even 
less weighty. Neither the threat to reestablish your line by force (which would 
have been useless if the station of Haiti had been isolated) nor the threat of estab- 
ishing another direct for American account justifies in any manner the violation of 
the obligations contracted under the concession from the Spanish Government for 
laying the cable. 

I am inclined to believe that reasons of an entirely different nature — reasons of 
prescience, if you wish — are those which have moved the company to follow a line 
of conduct so removed from that imposed by its obligations. 

In consequence, contrary to the conviction which you declare at the conclusion 
of your letter, I believe, after a new examination of the question, the Spanish 
Government will be even more convinced that the company has been absolutely 
false to its obligations. 

My intervention in this affair ceases the moment I send you this letter and 
inform my superiors in the same sense; but I will not close it without saying to 
you that, as stated to Mr. Vigil, as you feel regret for these difficulties which preju- 
dice the excellent relations maintained for a long time with Mr. Vigil and his 
administration, I, on my part, equally regret the contrast between the course 
followed by the French Cable Company and the warm manifestations of con- 
geniality toward Spain to which I listened from the director and general secretary 
on the day when, by order of the Minister of War, I presented myself for the first 
time in the offices of the company for the purpose of organizing the communications 
in Cuba and Porto Rico. 

I avail, etc.. Major Echague. 



No. 66. 

The Ambassador of France to the Minister of State. 

[Translation.] 

Madrid, August ip, i8g8. 

Dear Duke: The Department of Foreign Affairs has transmitted 
a telegram from Mr. Cambon, which has crossed with the one I 
sent him (complying with the desire of your excellency), in order 
to obtain the reorganization of the telegraphic service between 
Singapore and Manila. 

The Eastern Telegraph Company proposes to repair immedi- 
ately its cable between Hongkong and Manila, if the Government 
of Spain consents. The Federal Government having restored to 
Spain the right of communication with Cuba, it expects that the 



SPANISH CORRESPONDENCE AND DOCUMENTS. I97 

Madrid Cabinet will not oppose any objection whatever to the re- 
establishment of the Manila cable, and begs me to answer this 
question. It appears, therefore, that the difficulties your excellency 
feared, on account of the Eastern Telegraph, have from this date 
disappeared. 

Receive, etc., Patenotre. 



No. 67. 
The Minister- of State to the Ambassador of Fraftce. 

[Translation.] 

Palace, August ig^ iSp8. 

Excellency: Acknowledging the receipt of your esteemed note 

in reference to the reestablishment of the cable between Hongkong 

and Manila, I have the honor of informing you that under this date 

I have handed the same to my colleague, the Minister of the Colonies. 

I improve, etc.. 

The Duke of Almodovar del Rio. 



No. 68. 

The Minister of State to the Spanish Consul in Hongkong. 

[Telegram. — Translation.] 

Madrid, August 20, i8g8. 
Please state to the Eastern Extension Cable Company that it is 
authorized by the Spanish Government to reestablish telegraphic 
communication between Hongkong, Manila, and Capiz. 

Almodovar. 



No. 69. 

The Minister of State to the French Ambassador. 

[Translation.] 

Madrid, August 20, i8g8. 
Excellency: In addition to what I had the honor of stating to 
your excellency in the note I directed to you under date of yesterday 
in reference to the reestablishment of the cable between Hongkong 
and Manila, I have the honor of informing you that the Government 
of His Majesty has telegraphed the Spanish consul at Hongkong so 
that he may authorize the Eastern Extension Company to reestablish 
immediately telegraphic communication with Manila and Capiz. 

I improve, etc.. 

The Duke of Almodovar del Rio. 



198 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 70. 

The Minister of State to the Spanish Consul in Hongkong. 

[Telegram.— Translation.] 

Madrid, August 20, i8g8. 
Supplementing my telegram of this morning, you should under- 
stand that the authorization to the cable company has been given 
by the Government of His Majesty under agreement v^ith the United 

States. 

Almodovar. 



No. 71. 

The Spanish Consul at Hongkong to the Minister of State. 

[Telegram. — Translation.] 

Hongkong, August 21, i8g8. 
Received the two telegrams of your excellency. Manila- 
Hongkong telegraph reestablished. 

Navarro. 

No. 72. 

The Minister of His Majesty' in Mexico to the Minister of State. 

[Translation.] 

Mexico, August 20, i8g8. 
My Dear Sir: In reply, and complying with royal order No. 31 
of July 5 last, inclosed I have the honor of placing in your hands 
the note which was directed by the Minister of Communications 
to the Minister for Foreign Affairs regarding the complaints formu- 
lated by me as to the interruption of the telegraphic service. 
Dios, etc., 

The Marquis de BendaNa. 



[Inclosure. — Translation.] 

Office of Sfxretary of Communications 

AND Public Works, Mexico, 
General Direction of Telegraphs, Section 7, No. 1081. 
The citizen Sebastian Camacho, vice-president of the Mexican Telegraph Com- 
pany, under date of the 6th instant, writes me as follows: 

"Sir: As soon as I received the official note No. 965 of your excellency, dated 
August 4, forwarded by section 7 of the Direction-General of Telegraphs, I trans- 
mitted it by cable to the president of the Mexican Telegraph Company, asking that 
he would give me immediately proper information regarding its contents, to the 
end of communicating it as soon as possible to you. In cablegram of this date^ 



SPANISH CORRESPONDENCE AND DOCUMENTS. 1 99 

that official says as follows: 'I note that the Spanish Government has complained 
to the Mexican minister in Madrid that the cipher messages directed to Mexico 
from Cuba, Porto Rico, and Spain via Colon, Jamaica, Panama, San Juan del 
Sur, Salina Cruz, and the City of Mexico are frequently intercepted by the Ameri- 
can company operating these cables. The orders of the Government of the United 
States in respect to the censorship of contraband messages does not apply in any 
manner south of Galveston. You will observe that I informed the superintendent 
of this company in that city, under date of June 3, that the orders of the Govern- 
ment of the United States in reference to censorship did not extend, and were not 
able to extend, to Mexico. In the transmission of messages there has lately been 
much delay and confusion by all routes, and it would be impossible for me to 
determine the delays or interruption of any message if I were not given the date 
and other particulars in each case. On receiving these data I would be much 
pleased to scrupulously investigate everything in respect to the mentioned com- 
plaints. I desire, also, that you will please call the attention of the Government 
of Mexico to my order of June 3, to which I refer, and which said: "You explain 
clearly that the order does not in any manner refer to Mexico, because it relates 
solely to messages directed from the United States and Europe to Brazil. Restric- 
tions regarding the United States and Europe were ofhcially canceled yesterday. 
There are no restrictions for direct messages by the lines of the company to or by 
way of Central and South America." I have the honor of communicating this to 
you, Mr. Minister, in reply to your official note of the 4th instant cited.'" 

I have the honor of transcribing the foregoing to you as result of your esteemed 
note No. 81, section of Europe and Africa, dated 28th of last month. 

Liberty and constitution. 

Mexico, August ii, i8g8. 

Santiago Mendez, 

Acting Secretary. 
To the Secretary for Foreign Affairs. 



PRELIMINARY NEGOTIATIONS OF PEACE AND PROTOCOL 
OF AUGUST 12, 1898. 



No. 73. 

The Minister of State to the Atnbassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, July 18, i8g8, 
I Thinking it feasible that the French Government may help us 
■^ (if they have the disposition) to open up communication with the 
American Government, I beg your excellency to ascertain if the am- 
bassador of France in Washington, who has charge of Spanish 
affairs and possesses key No. 74, would be able to present to the 
Secretary of State, Mr. Day, a communication from the Spanish 
Government, directed to the President of the Republic of the 
United States, in which he is invited to put an end to the painful 
situation of the island of Cuba, Spain showing herself disposed to 
agree upon means of pacification of that island, if it is considered 
possible to concert upon acceptable bases. Our principal argument 
is the suffering imposed by the war upon the inhabitants of that 
Antille, now so totally blockaded that it is impossible for us to send 
food there. The army is able to sustain itself for some time, but, 
lacking a naval force sufficient to protect the shipment of food, 
there is a serious inferiority between the respective forces. In order 
to solicit the good offices of the French ambassador in Washington, 
I beg your excellency to ask the Minister for Foreign Affairs if he 
is able to authorize Mr. Cambon — 

First. To present a message to the President of the Republic 
of the United States, through the Secretary of State, or directly, 
as he may consider advisable. 

Second. To negotiate for a suspension of hostilities, as prelimi- 
nary to definite negotiations, according to the instructions this 
Government transmits, in case the tenor of this message receives 
the approbation of the American Government. 

Your excellency will therefore solicit this favor of the French 
Minister for Foreign Affairs. I await your answer. 

Almodovar. 



SPANISH CORRESPONDE^XE AND DOCUMENTS. 201 

No. 74. 
The Afubassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July 20, i8g8. 

I have just talked with the Minister for Foreign Affairs, who 

says that consideration of such an important matter requires the 

approbation of the President of the Council of Ministers and of the 

President of the Republic, to whom he will submit your desire. I 

do not expect to receive definite answer until day after to-morrow, 

because the President of the Republic is in Rambouillet and the 

Minister for Foreign Affairs will not be able to see him before that 

time on account of illness, and to-morrow is the day of diplomatic 

reception. 

Leon y Castillo. 



No. 75. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, July 20, i8g8. 
By reason of delay on account of the interruption of the tele- 
graphic line, I just received the dispatch of your excellency sent 
early this morning. It is necessary that your excellency understand 
that the request of this Government for the good offices of the 
French Government is not such as to admit of delay, but on the 
contrary should be answered with extreme dispatch. The loss of 
hours, not to speak of days, might be of grave consequence in 
the negotiation of peace. The capitulation of Manila, which may 
occur at any time; the occupation of other points in the Philip- 
pines; the attack upon Porto Rico, and perhaps a landing upon that 
island, are all contingencies which counsel haste, to the end that a 
delay in arriving at the opening of direct relations, forerunner of 
an understanding, may not give place to greater advantages on the 
part of our adversaries in deeds of arms, which might result in 
greater claims. Your excellency will therefore see if it be possible 
by any means that the Minister for Foreign Affairs be placed in 
direct communication with the President of the Republic and the 
President of the Council for the purpose of a consultation regarding 
our importunity, so that we may have an immediate answer, and in 
order that if it be unfavorable to us — which I do not expect — we 

may make use of other resources without delay. 

Almodovar. 



202 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 76. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July 21, i8g8. 

The Minister for Foreign Affairs has just stated to me, after 
having seen the President of the Republic and the President of the 
Council of Ministers, that the Government of France authorizes 
their ambassador in Washington — 

First. To present to the President of the Republic of the United 
States message of the Government of His Majesty. 

Second. To solicit armistice preparatory to negotiations of peace. 

The Minister for Foreign Affairs says that he is prepared to 
communicate to the French ambassador in Washington the message 
and instructions in question. As I stated to him that your excel- 
lency had suggested, doubtless with object of gaining time, the 
advantage of telegraphing direct to Mr. Cambon, he replied that it 
seemed the natural way for him to serve as the medium of communi- 
cation, the more so that his intervention in this affair, as he stated 
and repeated, is absolutely disinterested. 

Leon y Castillo. 



No. 77. 
The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, July 22.^ i8g8. 
After your excellency has received the present telegram the 
message for the President of the United States will follow, to the 
end that it may be telegraphed by the Minister for Foreign Affairs 
to the French ambassador in Washington, jointly with the instruc- 
tions of this Government to said ambassador. Knowing by experi- 
ence the unreliability of translations made in the Department of 
State in Washington, which has a Cuban interpreter, the Govern- 
ment of His Majesty begs your excellency to have suggested to 
Mr. Cambon, through the French Minister for Foreign Affairs, that 
a translation into English accompany the Spanish text, employing 
for the English version a person of entire confidence. I beg your 
excellency to express, in the name of this Government, to the Min- 
ister for Foreign Affairs, to the President of the Republic, and to 
the President of the Council our profound acknowledgment for the 
services extended to us. 

Almodovar. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 203 

No. 78. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

M.ADRiD, Jtdy 22., i8g8. 
Your excellency will please transmit to the French Minister for 
Foreign Affairs the following text of the message to the President 
of the United States, directed to the representative of France in 
Washington, and instructions for its deliver}^: 

Madrid, July 22, iSgS. 
To the Ambassador of France in Washington. 

Excellency: Authorized by the Minister for Foreign Affairs of France, I have 
the honor of addressing myself to your excellency for the purpose of begging you 
to have the kindness to lend a signal service to the Spanish Government. Endeavor 
to place in the hands of the President of the Republic of the United States, whether 
directly or by means of the Secretary of State as your excellency considers con- 
formable to the best results, the message of this Government which is telegraphed 
with this. In case the President receives it and is disposed to give a reply imme- 
diately, I beg your excellency to transmit the reply by telegraph. By all means 
I beg your excellency to advise me of the delivery of the message, either to the 
President or the Secretary of State, so that its delivery or receipt will be known. 
The Spanish Government will be under obligations for the good offices of your 
excellency, and I take advantage of this occasion to offer to your excellency the 
assurances of my high consideration. 

The Duke ok Almodovar del Rio. 

Almodovar. 

[Note. — The communication to Mr. Day from the Duke of Almo- 
dovar del Rio is printed in Foreign Relations, 1898, p. 819.] 



No. 79. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram.— Translation.] 

Madrid, July 22, i8g8. 
This afternoon I verbally gave the substance of the message, 
whose transmission this Government has asked, to the ambassadors 
of the great powers, and first of all to that of France. By post I shall 
communicate to your excellency, as well as to the other ambassadors 
of His Majesty in foreign countries, the contents of said message. 

Almodovar. 



204 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 80. 

The Ambassadoi- of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July 24^ i8g8. 
Mr. Cambon telegraphed to the Minister for Foreign Affairs that 
it is impossible to decipher the message of the Government of His 
Majesty because he has no key and has not been able to find it in 
the Austrian legation, where our archives are. The Austrian minis- 
ter is absent from Washington. It will be necessary to get it from 
him by post, and this will take at least two days. The dispatch 
concludes as follows: 

Ask Senor Leon y Castillo to put your excellency in position to telegraph in 
French the Spanish text of the message. Moments are precious. The expedition 
has sailed for Porto Rico. 

Leon y Castillo. 



No. 81. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, Ji/Iy 24, i8g8. 
In view of the fact that key No. 74 is not in the possession of the 
French ambassador in Washington, I have directed consul-general 
at Montreal to send him immediately a copy, at the same time trans- 
mitting to your excellency the complete text of the message, to the 
end that it may be translated into French and forwarded by the Min- 
ister for Foreign Affairs. Your excellency should bear in mind my 
suggestions that in the translation persons of confidence should be 
employed. 

Almodovar. 



No. 82. 

The Minister of State to the Consul- General of Spain at Montreal. 

[Telegram. — Translation.] 

Madrid, July 24^ i8g8. 
Please forward by a responsible person, and with the greatest 
expedition, by the shortest route, cipher No. 74 to the French ambas- 
sador in Washington, Mr. Cambon. I charge your excellency to use 
the greatest celerity in carrying out these instructions. 

Almodovar. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 205 

No. 83. 

The Minister of State to the Avibassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, July 24, i8g8. 
At the same time I am sending this telegram, text of dispatch is 
being directed to the French ambassador in Washington. 

Almodovar. 



No. 84. 

The Consul- General of Spain to the Minister of State. 

[Telegram. — Translation.] 

Montreal, July 25, iSpS. 
A person of confidence will at once leave to deliver cipher No. 74 
to Mr. Cambon, French ambassador in Washington. 

BONILLA. 



No. 85. 

The Atnbassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July 25, i8q8. 
The Minister for Foreign Affairs has telegraphed, and by this 
time the message of His Majesty's Government to the President 
of the Republic of the United States should be in Washington. 
I should not conceal from your excellency that the Minister ex- 
pressed himself surprised and vexed, as he knows that Mr. McKinley 
already has knowledge of the sense and scope of the message, some 
governments represented by ambassadors in Madrid having commu- 
nicated it. 

Leon v Castillo. 



No. 86. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram.— Translation.] 

Madrid, July 25, iSg8. 
Answering telegram of your excellency, I may say that the sur- 
prise and vexation of the Minister should disappear if your excel- 
lency will refer him to my telegram of the 226. instant. In it 
I explained the step taken by this Government with regard to 
the great European powers the day following the telegraphing of the 



206 SPANISH CORRESPONDENCE AND DOCUMENTS. 

message. Your excellency will remember that I stated having ver- 
bally communicated the substance of said message to all the ambassa- 
dors, but first of all to that of France. I gave this preference because 
every consideration demanded it, and I went as far as to visit Pate- 
notre at jo a. m. of last Friday to give an account of what had 
been done, having in mind that on the same day it would be indis- 
pensable to notify the other ambassadors, whom I should have to 
receive, as it was the day appointed for diplomatic reception. The 
reasons I had for the notification will be apparent to your excellency 
if you consider the subsequent developments of the negotiation, 
hazardous and perhaps violent. To avert the possible intervention 
of other factors in the culmination of our purposes, I decided to act 
as I did. If on account of the lack of cipher some other European 
government anticipated the delivery of the message, your excellency 
may be certain that the French Government had preference over 
the others, as the duties of friendship and gratitude required. 

Almodovar. 



No. 87. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram.— Translation.] 

Madrid, July 27, i8g8. 
The landing of Americans in Porto Rico causes surprise to this 
Government inasmuch as it occurred after the President of the 
United States had in his hands the message of the Spanish Govern- 
ment offering means for an understanding outside the employment 
of arms. The occupation of Porto Rico at this time shows that 
the United States is unwarrantably attempting military aggression, 
without doubt with the object of making more onerous the con- 
ditions of peace. 

Almodovar. 



No. 88. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, July 27, iSgS. 
The Minister for Foreign Affairs this moment communicated to 
me the following note verbale: 

On the 26th of July, in the White House, Mr. Cambon presented to President 
McKinley the English translation of the message of the Duke of Almod6var. Mr. 
Cambon says: 

"After having read it, the President answered that he was pleased to receive 
the message which I had just presented to him in the name of Spain; that he 



SPANISH CORRESPONDENCE AND DOCUMENTS. 207 

would consult with his Cabinet, and begged that I return to the White House 
for the purpose of receiving his answer and of talking with him of said mes- 
sage. He added that if I had any observations to make he would hear them with 
pleasure. 'Although up to the present time,' I answered, 'I have not received 
more than the mission of presenting the message, I believe myself authorized to 
express the hope that after the results of this campaign your excellency will feel 
inclined, influenced by highest motives, to be humanely Christian and generous.' 
Answering a question of the Secretary of State, who took part in the conversation, 
I said that if the message of the Government of His Majesty referred particularly 
to the pacification of Cuba, it is because the state of affairs existing in the island 
was the initial cause of the war; that if this cause of conflict were suppressed, 
under conditions acceptable to both countries, the war would then cease to have 
reason for being. 'If I understand you well,' said Mr. Day, 'Spain, while she 
limits herself to asking that we seek by common understanding a method of 
resolving the Cuban question, desires to know under what conditions it would be 
possible to terminate hostilities in all the points where they now exist.' I answered 
that it seemed to me the commencement of negotiations appear to imply the ter- 
mination of the war on account of the unhappy condition of the populations which 
suffer its ravages. Mr. McKinley having asked me finally if I had propositions to 
formulate in the name of Spain, I replied that upon announcing to the Spanish 
Minister of State that his message had been delivered and accepted I would request 
him to empower me to take part in the conversation to which the President of the 
Republic proposed to invite me, after he had consulted with his Cabinet." 

Leon y Castillo. 



No. 89. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July 27, i8g8. 
The Minister for Foreign Affairs sends me another telegram he 
has just received from his ambassador in Washington: 

I believe I should add to my preceding communication that at the conclusion of 
our interview the President expressed to me the desire that the French embassy 
and the Department of State transmit to the press an identical communication, and 
I begged Mr. Day to dictate it at once to his secretary. It was in the following 
terms: 

"The ambassador of France, in the name of the Government of Spain and in 
execution of instructions from the Minister of State of Spain, has presented this 
afternoon to the President of the Republic a message from the Spanish Govern- 
ment looking toward putting an end to the war and setting forth terms of peace." 

Mr. Cambon adds: 

It seems very important to me that the Madrid Cabinet shall not wound the 
susceptibilities of the President of the Republic by showing less reserve in its 
communications to the press. On the other hand, it would be best that the Gov- 
ernment of Spain should not publish the message of the Minister of State during 
the time the Federal Government thinks it should be kept secret. I know from a 
responsible source that the President communicated to-night the message to his 
Cabinet, and that the impression has been favorable. 

Leon y Castillo. 



208 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 90. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram.— Translation.] 

Madrid, July 28, i8g8. 
Both of the telegrams of your excellency dated 27th received. 
Their contents being examined by the Council of Ministers, it was 
agreed to telegraph to the ambassador of France in Washington as 
follows. I beg that your excellency transmit this message, translated 
into French, to the French Minister for Foreign Affairs: 

The Spanish Government has received, through the ambassador of Spain in 
Paris, who on his part received it from the Minister for Foreign Affairs, copy of 
the telegram in reference to the presentation of the message of this Government to 
the President of the Republic of the United States, and the conversation between 
your excellency and the President and Secretary of State regarding the significance 
of said document. Your excellency has answered with great ability the questions 
of the two interlocutors, and this Government hastens to express gratitude for the 
manner in which you have presented the questions which arise in the commence- 
ment of these negotiations. It hastens also to furnish to your excellency the means 
for taking part in the conversation to which the President proposes to invite you 
when he answers the message, and, to amplify the text of same, so that your 
excellency may develop the suggestions contained in it, authorizes your excellency 
to state the following: 

The Government of Spain would be disposed to accept not only the procedure 
which would assure pacifically to Cuba the destiny which the majority of its 
inhabitants desire to reach, but any other solution that may conduce to the pacifica- 
tion of the Great Antilles. This Government will gratefully listen to a reply from 
the President of the Republic which will permit it to discuss with dignity this 
solution, or any other which may be required as a consequence of the war, sus- 
pending at once the useless sacrifice of life, not only of the combatants, but also of 
those who, in one or the other camp, helpless and weakened, die from the effects 
of the struggle. This Government understands that this offers the most ample 
scope to enable the President of the Republic to concrete the bases of mutual 
understanding, and to concert thereupon the suspension of hostilities. 

Almodovar. 



No. 91. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram.— Translation.] 

Madrid, July 28, i8p8. 
For the information of the ambassador of France in Washington, 
I beg your excellency to have translated into French the following, 
and deliver it to the Minister for Foreign Affairs, to be transmitted 
to Mr. Cambon: 

(Very confidential.) 

In explanation of the telegram of this afternoon, regarding the inclination of 
the Spanish Government to concur with the President of the Republic of the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2O9 

United States upon the preliminary bases for a negotiation of peace, it is fitting 
that your excellency know the design of this Government, so that, in the con- 
versation which takes place, your excellency may be prepared to act with a full 
knowledge of our intentions. In the war with the United States there is need to 
distinguish its object and the means employed to carry it on. The object was the 
separation of Cuba from the dominion of Spain. The means have been, and are, 
attacks upon the colonial dependencies of the Spanish nation. Regarding the 
first, Spain is disposed to accept the solution which may please the United States — 
absolute independence, independence under the protectorate, or annexation to the 
American Republic, preferring definite annexation, because it would better guar- 
antee the lives and estates of Spaniards established or holding property there. In 
regard to the second, which I allude to in my former telegram as "any other 
solution which may be required as a consequence of the war," your excellency will 
understand that reference is made to the claims which the Americans may have 
outside the territory of Cuba; whether by military operations, which constitute 
temporary occupation, or, possibly, from expenditures for the campaign. As with 
regard to Cuba this Government makes no reserve, it should maintain reserve 
regarding the second. It certainly admits the principle of indemnification in 
reasonable proportion and measure, but desires that it should not be responsible 
for unnecessary expenditures, considering also unnecessary certain military opera- 
tions as a foundation for a right in the territory where they took place. There 
is also no reason to forget that the Spanish nation did not provoke the war, and 
although fortune has been adverse to us this Government understands that the 
conqueror should not be arbiter of territories foreign to Cuba which have been 
attacked by the United States. I will feel much obliged to your excellency if on 
this point you investigate the dispositions of Mr. McKinley regarding Porto Rico 
and the Philippines. If the President is inclined to present in a brief time the 
bases concerted for an understanding, and your excellency observes that they 
accommodate themselves to the general ideas of this Government, your excellency 
will please press the demand for the suspension of hostilities which this Govern- 
ment desires to obtain promptly in order to prevent sufiferings from hunger in the 
Antilles and the horrors of massacre in the Philippines. Once in accord as to 
the cardinal matters, this armistice could be proclaimed without prejudice to 
beginning negotiations of peace at a convenient time. Permit me to suggest that 
anything in the line of an international congress be avoided. The best method 
for a quick understanding would be that each of the two Governments nominate 
its delegation in a neutral point — no place more convenient than Paris. From 
the high gifts of your excellency, which Spain has had the fortune to secure, this 
Government hopes much, and its thanks, as well as those of the nation, will be in 
proportion to the high services your excellency renders. 

A1.MODOV.A.R. 

Before terminating the rendering of this telegram into cipher I 

received your telegram of 6 p. m., whose second part, or that 

referring to the suggestions made by Mr. Cambon, are answered by 

this dispatch and the former one. 

Almodovar. 

s D c 14 



2IO SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 92. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Translation.] 

Paris, July 28, i8g8. 
The Minister for Foreign Affairs has just read me a telegram sent 
him by the French ambassador in Washington. He says he expects 
to be called to the White House Friday or Saturday; that it is pos- 
sible, in conformity with the counsel of his advisers, the President 
will limit himself to acknowledging the message of the Government 
of His Majest}^ and to asking on what bases Spain would consent to 
open negotiations for peace. In view of this inquiry he thinks it 
very important that the Government of His Majesty speedily place 
him in position to respond to any proposition the x\merican Govern- 
ment may formulate. He adds that according to what he can learn 
hostilities will continue with vigor until Spain, whose diplomatic 
delays are feared, demonstrates that she really wishes peace. 

Leon y Castillo. 



No. 93. 

The Minister of State to the representatives of His Majesty abroad. 

[Telegram. — Translation.] 

Madrid, July 28, i8g8. 
The Government of His Majesty has directed to the President 
of the United States a telegraphic message through the French 
ambassador in Washington, soliciting that he indicate bases for 
proceeding to negotiations of peace. 

This message has been accepted by the President and is under 
consideration, pending reply. 

Almodovar. 



No. 94. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July 30^ i8g8. 
The Minister for Foreign Affairs has not yet received advices from 
Washington. We have agreed upon a method of communicating 
them as soon as they are received. Await notice. 

Leon y Castillo. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 211 

No. 95. 
The Ambassador of His Majesty in Far is to the Minister of State. 

[Telegram. — Translation.] 

Paris, July ji^ i8g8. 
The Minister for Foreign Affairs advises me that at i o'clock I 
shall begin to receive copy of dispatch from Washington received 
by the Minister this morning at 8. 

Leon v Castillo. 

No. 96. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, July ji, i8(p8. 
The Minister of State begs that I transmit to your excellency the 
following telegram which the ambassador of France in Washington 
sends him: 

Dear Duke: I have the honor of advising your excellency that I was received 
this afternoon at 2 o'clock by Mr. McKinley, who has charged me to transmit to 
your excellency his answer to the message I delivered in your name to him the 
26th of July. 

Below your excellency will see the translation I have made of said answer, 
whose English original I will transmit to your excellency by post: 

"To His Excellency the Duke of Almodovar del Rio, 

"'Alinister of State, Spain. 

"Excellency: The President received on the afternoon of Tuesday, the 26th 
instant, from the hand of his excellency the ambassador of France, representing 
for this purpose the Government of Spain, the message signed by your excellency 
as Minister of State in behalf of the Government of Her Majesty the Queen 
Regent of Spain, and dated the 22d instant, as to the possibility of terminating the 
war now existing between the United States and Spain. 

"The President received with satisfaction the suggestion that the two countries 
might mutually endeavor to ascertain the conditions on which the pending struggle 
may be brought to an end, as well as the expression of Spain's belief that an 
understanding on the subject is possible. 

" During the protracted negotiations that preceded the outbreak of hostilities 
the President earnestly labored to avert a conflict, in the hope that Spain, in con- 
sideration of her own interests, as well as those of the Spanish Antillas and the 
United States, would find a way of removing the conditions which had for half a 
century constantly disturbed the peace of the Western Hemisphere and on numer- 
ous occasions brought the two countries to the verge of war. 

"The President witnessed with profound disappointment the frustration of his 
peaceful efforts by events which forced upon the people of the United States the 
unalterable conviction that nothing short of the relinquishment by Spain of a claim 
of sovereignty over Cuba which she was unable to enforce would relieve a situa- 
tion that had become unendurable. 

" For years the United States, out of regard for the susceptibilities of Spain, had 
by the exercise of its power and the expenditure of its treasure preserved the obli- 
gations of neutrality. But a point was at length reached at which, as Spain had 



212 SPANISH CORRESPONDENCE AND DOCUMENTS. 

often been forewarned, this attitude could no longer be maintained. The specta- 
cle at our very doors of a fertile territory wasted by fire and sword and given over 
to desolation and famine was one to which our people could not be indifferent. 
Yielding therefore to the demands of humanity, they determined to remove the 
causes, in the effects of which they had become so deeply involved. 

"To this end the President, with the authority of Congress, presented to Spain 
a demand for the withdrawal of her land and naval forces from Cuba, in order that 
the people of the island might be enabled to form a government of their own. To 
this demand Spain replied by severing diplomatic relations with the United States 
and by declaring that she considered the action of this Government as creating a 
state of war between the two countries. 

"The President could not but feel sincere regret that the local question as to the 
peace and good government of Cuba should thus have been transformed and en- 
larged into at general conflict of arms between two great peoples. Nevertheless, hav- 
ing accepted the issue with all the hazards which it involved, he has, tn the exercise of 
his duty and the rights which the state of war confers, prosecuted hostilities by sea 
and by land, in order to secure at the earliest possible moment an honorable peace. 
In so doing he has been compelled to avail himself unsparingly of the lives and 
fortunes which his countrymen have placed at his command, and untold burdens and 
sacrifices, far transcending any material estimation, have been imposed upon them. 

"That, as the result of the patriotic exertions of the people of the United States, 
the strife has, as your excellency observes, proved unequal inclines the President 
to offer a brave adversary generous terms of peace. 

"The President therefore, responding to your excellency's request, will state 
the terms of peace which will be accepted by him at the present time, subject to the 
approval of the Senate of the United States hereafter. 

"Your excellency, in discussing the question of Cuba, intimates that Spain has 
desired to spare the island the dangers of premature independence. The Govern- 
ment of the United States has not shared the apprehensions of Spain in this regard, 
but it recognizes the fact that in the distracted and prostrate condition of the island 
aid and guidance will be necessary, and these it will be prepared to give. 

"The United States will require — 

"First. The relinquishment by Spain of all claim of sovereignty over or title to 
Cuba and her immediate evacuation of the island. 

"Second. The President, desirous of exhibiting signal generosity, will not now 
put forward any demand for pecuniary indemnity. Nevertheless he can not be 
insensible to the losses and expenses of the United States incident to the war, or 
to the claims of our citizens for injuries to their persons and property during the 
late Cuban insurrection. He must therefore require the cession to the United 
States and the immediate evacuation by Spain of the island of Porto Rico and 
other islands now under the sovereignty of Spain in the West Indies, and also the 
cession of an island in the Ladrones to be selected by the United States. 

"Third. On similar grounds the United States is entitled to occupy and will 
hold the city, bay, and harbor of Manila pending the conclusion of a treaty of peace, 
which shall determine the control, disposition, and government of the Philippines. 

"If the terms hereby offered are accepted in their entirety, commissioners will 
be named by the United States to meet similarly authorized commissioners on the 
part of Spain for the purpose of settling the details of the treaty of peace, and 
signing and delivering it, under the terms above indicated. 

" I avail myself of this occasion to offer to your excellency the assurances of my 
highest consideration. 

" William R. Day. 

"Washington, /^//j/ JO, i8g8." 

Leon y Castillo. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 213 

No. 97. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, August /, i8g8. 

The Minister for Foreign Affairs has just communicated to me 
the following telegram: 

Washington, /m/v J/, i8q8. 

Dear Duke: As I announced to your excellency in my former telegram, after 
the reading of his answer to the message of your excellency, the President invited 
me to make any observations which the demands formulated by the United States 
might suggest. Animated by the instructions with which your excellency honored 
me in prescience of this conference, I began by insisting upon the distinction which 
it was necessary to make between the question of Cuba — the initial cause of the 
Spanish-American conflict — and the new questions which may arise from the results 
of the operations of which the other possessions of the Crown of Spain were the 
theater. "With regard to Cuba," I answered, "Spain is disposed to go farther 
in concessions even than is demanded in Article I of the conditions of peace indi- 
cated by the President of the Republid Spain persists in fearing for the island the 
dangers of a premature independence, and, say what you may, the Federal Gov- 
ernment shares these apprehensions, inasmuch as the commander in chief of the 
American troops did not allow his Cuban allies to enter Santiago de Cuba after 
the surrender of the place. Therefore, in interest of the persons and estates of 
Spaniards and strangers residing there, Spain would go as far as to cede Cuba to 
the United States. It is unnecessary to say that in this eventuality the United 
States would be morally obliged to ask the Cuban population, by means of a plebi- 
cite, if they desired to form part of the Federal Union." Then taking up Article II, 
I set forth the contradiction exisiting between the declaration of disinterestedness 
formulated by the United States at the beginning of the war and the spirit of con- 
quest which proposes conditions so hard for Spain. In making claim for the 
cession of Porto Rico and one of the Ladrones, it seems, I said, that you concede 
to the opinion recently formed, which considers as a definite conquest all territory 
upon which the fortune of arms has permitted an American soldier to put his foot— 
an opinion contrary to right, and the erroneousness of which the evacuation of 
Mexico by the Federal troops suffices to demonstrate. The Secretary of State inter- 
rupted me there to call to my attention that in history it would be very difficult to 
meet with another example where a victor, after a costly war, did not demand a 
pecuniary indemnification. This is true, I said, but is not the cession of the island 
of Cuba the richest of indemnification? To demand also the remaining Antilles 
and one of the Ladrones, however great the expenditures of war may have been, 
would exceed the measure of the responsibilities which Spain, to whom fortune 
had been adverse, should support. A fortiori, I added, the demands formulated 
in Article III are for the purpose of compromising in Madrid the success of 
this preliminary negotiation— above all, if between the word§ controle Kn6. government 
of the Philippines is maintained the ^oxd. possession, which appears to place in doubt 
from now on the sovereignty of Spain over this colony. "You will observe," the 
President of the Republic then remarked to me, "that my demands set forth in 
the first two articles do not admit of discussion; I leave to negotiations the task of 
resolving the question of the Philippines. If the American forces have remained 
until now in their positions, it is in obedience to a duty which respect to residents 
and strangers and the progress of affairs impose upon me." Seeing the President 



214 SPANISH CORRESPONDENCE AND DOCUMENTS. 

of the Republic resolved not to modify the terms of Article III, I made such a 
pressing appeal to his generosity that he seemed affected, and, in spite of the oppo- 
sition of Secretary of State, Mr. Day, ordered the word pgsjesdon replaced by the 
word disposition, which does not prejudice the result of the negotiations and does 
not have the same general acceptation. The Secretary of State having gone out 
to make the modification in the text, the President of the Republic talked famil- 
iarly with me, and expressed sorrow that Spain would not ask for peace after the 
naval battle of Cavite. " The conditions which we would have then demanded," 
he remarked, "would have been less rigorous than those of the present, so if my 
present demands are refused Spain would necessarily be exposed to greater sacri- 
fices. I beg your excellency, Mr. Ambassador of France, to make this understood 
in Madrid." When the Secretary of State returned, the question of the place for 
holding the negotiations was discussed, and Mr. McKinley expressed the desire 
that it might be in Washington, where the Spanish plenipotentiaries would be 
courteously received. Finally, according to the instructions of your excellency, I 
made a strong attempt to obtain the suspension of hostilities. The Secretary of 
State, Mr. Day, had desired to subordinate that to the [here the telegram has a 
word which can not be deciphered] of the negotiators, but upon my petition the 
President of the Republic consented to concede it immediately upon your excel- 
lency informing me that you accept the negotiations upon the bases indicated by 
the Federal Government and authorizing me to sign in your name the prelimi- 
nary act which puts an end to hostilities. The conference of which I have had 
the honor of giving your excellency an account lasted two and a half hours. This 
fact alone will indicate to your excellency the efforts I have made to merit, by de- 
fending the best I was able the interests of Spain, the confidence of which your 
excellency has given me proof. 

While I deeply regret not obtaining greater concessions, I fear that the resolu- 
tion of the White House will be irrevocable in the future. 

I beg your excellency, Duke, to accept the assurances of my high consideration. 

J. Cambon. 
Leon y Castillo. 



No. 98. 
The Minister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, August 7, i8g8. 
I beg your excellency will please send to the French Minister for 
Foreign Affairs, to be transmitted to the ambassador of France in 
Washington, the following telegram: 

Madrid, Atigust i, i8g8. 
Mr. Ambassador: I have received your two telegrams, the first containing the 
answer which the Secretary of State has been pleased to give to the message 
directed to the President of the Republic of the United States by the Government 
of His Majesty, and the second narrating the conversation maintained by your 
excellency with the President after receiving the answer referred to. 

Before proceeding, I comply with pleasure with the orders of my august sovereign 
and the request of my colleagues of the Cabinet by expressing to your excellency 
the gratitude we feel for the manner with which you have exerted yourself to defend 
the interests of Spain and the happy ability with which you have interpreted the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 215 

confidential suggestions I had the honor of making you, in order that you could 
participate in the conversation to which you were invited by the President. From 
your report of the conversation the Council of Ministers obtain the necessary light 
upon the attitude of the Federal Government in the negotiations undertaken. I 
beg, nevertheless, of your excellency to permit that I set forth some observations, 
which I leave to your discretion to make use of as seems best conducive to the 
success of these efforts and to our advantage. 

The Government of Spain considers it inopportune to discuss the causes of the 
war and the acts by which it occurred, but can not accept the responsibility of hav- 
ing declared it, because Spain intended to do nothing more than protest against 
the resolution of the Congress of the Republic, when, in order not to hear its notifi- 
cation, she caused diplomatic relations to cease. The declaration of war was made 
solely by the Congress of the United States for the purpose of obtaining the inde- 
pendence and liberty of Cuba, from which it is inferred that the favored one should 
be at all events the one who ought to indemnify the sacrifices of properties and 
fortunes placed at the service of the Cuban cause. For this reason it should be 
expected that the United States would follow the conduct of Austria and Prussia, 
who, in order to emancipate the Duchies, sent an army against Denmark. The 
treaty of October 3, 1864, stipulated, as was just, that the Duchies should pay the 
expense of the war, and Spain would be disposed that the indemnification should 
rest upon Cuba, whether by immediate adjudication, as your excellency has been 
pleased to propose, or in form of a pledge; at all events, it is deemed necessary for 
the Government to know (admitting that the demand for the cession of Porto Rico 
is founded upon the plea that the Government of the Republic can not be insensible 
to the losses and expenditures occasioned to the nation) if there would not be means 
of substituting for Porto Rico another form of territorial compensation for such 
losses and expenditures. The Government of His Majesty hopes that, as we are 
treating merely of a cession for payment, the United States will not insist on impos- 
ing what they may consider their due— the severe step of alienating that which, 
never having been in contention, has an especial value of affection. I would 
desire, therefore, to know if, the just reasons alleged by your excellency (and 
approved in this dispatch) not being listened to regarding the manner of satisfying 
at Cuba's expense the expenditures for her liberation, the President of the Republic 
would accept the proposition of admitting in substitution for Porto Rico some 
other form of territorial compensation. 

The third point, which determines the form of disposition of the Philippine 
Islands, seems lacking in precision to this Government. The Government has 
supplied the deficiencies noticed in it, supposing that there is no question respect- 
ing the permanent sovereignty of Spain in that archipelago, and that the temporary 
occupation of Manila, its port, and bay by the Federal Government is to continue 
only for the time necessary for an understanding between both countries regarding 
administration reforms; also that it will be well understood that all discussions 
regarding such reforms shall be exclusively between Spain and the United States. 
The second and third bases being interpreted in the form and manner your excel- 
lency considers advantageous, this Government would feel obliged if you telegraph 
the results and your own impressions, in order that an official reply may be made, 
heeding the esteemed recommendations of your excellency. 

I avail, etc., 

Almodovar del Rio. 



2l6 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 99. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, August 4^ i8g8. 
The Minister for Foreign Affairs has just delivered to me the fol- 
lowing telegram. Your excellency should note that there are in the 
French text some words which can not be deciphered which are indi- 
cated in the Spanish text by dots. 

Washington, August 4, i8g8 — /.50 a. m. 

Dear Duke: As the telegram dated August 2 which your excellency did me the 
honor of sending, and which I received this night, raises questions about which it 
is impossible to give my opinion without again consulting the Federal Govern- 
ment, I asked the Secretary of State to have the kindness to clear up certain points 
jconsidered by you insufficiently explained. Mr. Day did not think he could con- 
verse with me on this matter, the President having taken personal charge of these 
preliminaries, and advised me the same day that he would present me at the White 
House. I did not conceal from the President that the Government of His Majesty 
considered excessively rigorous the conditions offered, and that the necessity of 
ceding Porto Rico as indemnification for the war was regarded particularly severe. 
This island, I said to him, has not for a moment been an element of conflict 
between Spain and the United States; its inhabitants have remained loyal to the 

Crown, would desire in consequence that the President would consent 

to accept other territorial compensation in place of Porto Rico. As far as could be 
seen Mr. McKinley showed himself inflexible, and reiterated that the question of 
the Philippines was the only one which was not definitely resolved in his mind. I 
improved this opportunity to ask the President to have the kindness, as far as possi- 
ble, to define his intentions regarding the Philippines. On this point, I said, the 
answer of the Federal Government is drawn in terms which may aid anv claims on 
the part of the United States, and in consequence may arouse the fears of Spain 
.'regarding her sovereignty. Mr. McKinley replied to me: "I do not desire to leave 
any ambiguity on this point. The negotiators of the two countries will be the 
ones to decide what will be the permanent advantages that we shall demand in 
the archipelago, and finally the control {controle), disposition, and government of 
the Philippines;" and he added: "The Madrid Government may be assured that up 
jto this time there is nothing determined a priori in my mind against Spain; like- 
jwise, I consider there is nothing decided against the United States." I replied that 
|if I comprehended well the words of the President, the discussion of all these 
Epoints just enumerated would be exclusively between the two countries inter- 
ested. The President replied that this was absolutely his opinion. 

Following the suggestions of your excellency, made to me in your telegram of 
the 29th ultimo, I then asked if in the opinion of the President of the Republic of the 
United States there would not be greater guaranties of independence for the nego- 
tiations in carrying them on in Paris, for example, in place of Washington. The 
President of the Republic asked some hours to give me his answer. In fact, that 
same night the Secretary of State visited the embassy and announced that he had 
the satisfaction of pleasing your excellency on this point, and that in his opinion 
there should be, for each country, five negotiators who would convene in Paris. 
The Secretary of State improved the occasion of calling, for the last time, my 
attention to the scope and sense of the conditions proposed by the United States. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 21 7 

"It should be perfectly understood," he said, "that the acceptance of these con- 
ditions by Spain implies, ipso facto, for the United Stales the right of demanding 
the immediate evacuation of Cuba and Porto Rico, without awaiting the treaty of 
peace. From this it does not necessarily follow that the United States will make 
use of this right. We understand that the evacuation, in its execution, will raise 
questions of detail, which should be resolved by both Governments. What we 
desire to see confirmed is solely the principle of our right." I observed that the 
suspension of hostilities supposes that each of the belligerents shall maintain 
his position. This complete cessation of the hostilities would favor peace. 

I have foreseen that the President of the Republic would remain firm, and, since 
your excellency honors me by asking my personal opinion, I can not but persist in 
the idea that all vacillation will further aggravate the severity of the conditions. 

I shall be under obligations to your excellency if you will kindly express to 
your august sovereign [the Queen Regent] my profound and respectful gratitude 
for the gracious form with which she has deigned to appreciate m\' efforts, and 
thank your colleagues. Also thanking your excellency, I beg you to accept the 
expression of my high consideration. 

J. Cambon. 

Leon y Castillo, 



No. 100. 
The Ambassador of His Mafesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, August ^, i8g8. 
I hope that you will not consider it out of place if I call your 
attention to the far-reaching effects of the immediate abandonment 
of Cuba and Porto Rico before beginning the discussion of the treaty 
of peace as insisted upon by Mr. Day. If this is acceded to, the 
only difficulty remaining for the United States to solve will disap- 
pear — that is, the triumph over our arms in Cuba and the possession 
of Habana. Under these conditions, with Manila in their posses- 
sion, the future of the Philippines, which must be discussed in the 
projected conference, will remain absolutely at the mercy of the 
United States. It is possible, and even probable, that at the point 
things have now reached the refusal to accept the abandonment 
implies a continuance of the war. The question involves, on this 
account, especial gravity; but, without endeavoring to influence in 
any sense, I have believed it my duty to suggest this to you, certain 
that, even though it be deemed unnecessary, it will be pardoned on 
account of the patriotic intention which inspired it and the grave 
consequences bound up in the issue. 

Leon v Castillo. 



2l8 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. loi. 
The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, August 7, i8g8. 
Received your excellency's telegram dated 4th instant, forward- 
ing the telegram received by the Minister for Foreign Affairs from 
Mr. Cambon. Being considered by the Council of Ministers, it was 
decided to ask the good offices of the French Government to for- 
ward the following reply to their ambassador in the United States, 
for the purpose of placing it in the hands of the Secretary of State: 

Madrid, August y, i8g8. 

Mr. Amb.\ss.\dor: Through the ambassador of Spain in Paris, I have received 
your telegram dated the 4th instant, relating the interview with the President and 
the Secretary of State in further discussion regarding the interpretation of the 
bases applying to the Philippines, and also to ask the acceptance of other territorial 
compensation, for claim of war indemnification, in substitution for Porto Rico. 
The conjectures of your excellency as to the unalterable character of the bases 
offered were unfortunately very correct. Being therefore conditions sijie qua non, 
as your excellency confirms in your dispatch, the Council of Ministers, appreciat- 
ing fully the importance of your excellency's intimations that any vacillation on 
the part of the Government of His Majesty may make more onerous in the future 
terms of peace, has resolved to place in the hands of your excellency this commu- 
nication accepting said bases, begging you to please present the same to Mr. Day. 

In this last attempt, endeavoring to favor the interests of Spain, your excellency 
has displayed the same zeal and ability which gave occasion to our felicitations 
and acknowledgments, and if the results have not been more beneficial it is due to 
the fact, as stated by your excellency, that the intentions of the Federal Govern- 
ment are irrevocable. We consider it a veritable triumph to have obtained the 
designation of Paris in place of Washington for the conference of the peace nego- 
tiations and attribute to such success all the importance the discussion of the treaty 
on French soil has for us. I should advise your excellency, so you can set it before 
Mr. Day, with reference to the interpretation expressed verbally regarding the 
acceptance of the bases of peace by Spain, that the evacuation of territories without 
awaiting the treaty of peace raises for this Government a constitutional difficulty 
of great importance. Like the President of the Republic of the United States, who 
can negotiate with other powers, but needs the approbation of the Senate to put 
the negotiations in force, the King of Spain has limited powers. Article 55 of the 
constitution of the Monarchy provides: 

"The King must be authorized by a special law: First, in order to alienate, 
cede, or exchange any part of Spanish territory; * * * fourth, in order to 
ratify treaties of offensive alliance, especially those of commerce, those which stipu- 
late the giving of subsidies to a foreign power, and all those which individually 
bind Spaniards." 

As your excellency may see, the execution of the clauses of the treaty of peace, 
before having obtained authorization from the Cortes, will not be possible to Her 
Majesty the Queen Regent and to her Government, who can negotiate only with 
this reserve. 

I beg your excellency to cause this difficulty to be made clear to Mr. Day, assur- 
ing him at the same time of the good intentions of the Spanish Government, which 
will hasten the convocation of the Cortes for this purpose. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 219 

I complied with the request of your excellency regarding my august sovereign, 
who reiterates her compliments of congratulation, and my colleagues, who send 
their regards. I avail of this occasion, Mr. Ambassador, to express to you the assur- 
ances of my high consideration. 

Almodovar del Rio. 

[Note. — The communication from the Duke of Almodovar del 
Rio to Mr. Day, dated August 7, 1898, above referred to, is printed 
in Foreign Relations, 1898, p. 822. j 



No. 102. 

The Ambassador of His Alajesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, August 8, i8g8. 
I delivered this morning, and it has left for Washington, the 
reply of your excellency to the last telegram of Mr. Cambon. 

Leon y Castillo. 



No. 103. 

The Under Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, August g, i8g8. 

Excellency: By royal order, communicated by the Minister of 

State, I have the honor of placing in your hands, confidentially, and 

for your information, copy of telegraphic message directed by the 

Government of His Majesty to the Government of the United States 

through the medium of the ambassador of France in Washington, 

accepting, with certain reservations, the conditions demanded by 

the President of the American Republic for the conclusion of peace. 

Dios, etc., 

L. Polo de Bernabe. 



No. 104. 
The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, August 11, i8p8. 
The Minister for Foreign Affairs has just com.municated to me the 
following telegram of the French ambassador in Washington : 

Washington, August 10. j 
Dear Duke: I have been to the White House, and by your express desire, in j 
the presence of McKinley, communicated to the Secretary of State the telegram of U 



220 SPANISH CORRESPONDENCE AND DOCUMENTS. 

August 7 in which you declare that the Government of Spain accepts the conditions 
imposed by the United States. The reading visibly annoyed the President of the 
Republic and the Secretary of State. After a prolonged silence Mr. McKinley said 
to me: "I demanded of Spain the cession and consequently the immediate evacua- 
tion of the islands of Cuba and Porto Rico. Instead of a categorical acceptance, 
as was expected, the Spanish Government addresses me a note in which it invokes 
the necessity of obtaining the approbation of the Cortes. I can not lend myself to 
entering into these considerations of domestic government." I observed that the 
Government of His Majesty, in conforming to its constitutional obligations, did 
not do more than imitate the President, upon whom is imposed analogous obliga- 
tions, and that in his answer of July 30 he had expressly reserved the subsequent 
ratification of the Federal Senate. I added that while it was true the Government 
of Madrid was striving to maintain itself within the limits of its powers, neverthe- 
less it accepted in all its parts the demands of the United States. All my observa- 
tions were fruitless. Seeing he was on the point of terminating the conversation, 
I then begged the President to tell me what pledges of sincerity Spain could give. 
" There is," he answered, "a means of putting an end to all quibbles. We can draft 
a project of a protocol which will set forth the conditions proposed to Spain on the 
same terms in which I have already formulated them, and which will fix the period 
in which, on the one hand, the plenipotentiaries charged to negotiate in Paris the 
treaty of peace will be appointed, and, on the other, the special commissioners 
charged with the duty of determining the details of the evacuation of Cuba and 
Porto Rico. I shall request your excellency to communicate this project of a 
protocol to Madrid, and ask from the Spanish Government authority to sign in its 
name. Then, but only then, will hostilities be suspended. My commission will 
place itself within the time agreed in communication with the military authorities 
of Habana and San Juan. This single act would constitute, in my view, the 
beginning of the execution I expect from Spain." The President of the Republic 
added that in his opinion this preliminary document will not have any other 
purpose or effect than to consecrate without delay the understanding of the two 
Governments for the commencement of peace, and that therefore it would not be 
necessary to reserve in it either the rights of the Cortes or those of the Federal 
Senate, required simply to ratify a definite treaty. The project of protocol will 
probably be communicated to me to-morrow; its terms will be, without doubt, 
of rigorous obligation. I should not conceal from your excellency that I am per- 
suaded there will not be any modification admitted in it, and if it were proper for 
me to express myself here, however much it may cost me, I would express my 
conviction that if the Madrid Cabinet does not think it possible to accept this 
document Spain will have nothing more to expect from a conqueror resolved to 
procure all the profit possible from the advantages it has obtained. Please accept, 
Duke, the assurance of my very high consideration. 

Cambon. 

Leon y Castillo. 



No. 105. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, August 11, i8(p8. 

The Minister for Foreign Affairs communicates to me the follow- 
ing telegram : 



SPANISH CORRESPONDENCE AND DOCUMENTS. 22 1 

Washington, August ii, iSgS. 
(Received at 7.15 on the iith, No. 273, continuation of my telegram No. 271, for 
the Government of Madrid.) 

PROTOCOL. 

William R. Day, Secretary of State of the United States, and His Excellency 
Jules Cambon, ambassador extraordinary and plenipotentiary of the Republic of 
France at Washington, respectively possessing for this purpose full authority from 
the Government of the United States and the Government of Spain, have concluded 
and signed the following articles, embodying the terms on which the two Govern- 
ments have agreed in respect to the matters hereinafter set forth, having in view 
the establishment of peace between the two countries, that is to say: 

Article I. Spain will relinquish all claim of sovereignty over or title to Cuba. 

Article H. Spain will cede to the United States the island of Porto Rico and 
other islands now under Spanish sovereignty in the West Indies, and also an island 
in the Ladrones, to be selected by the United States. 

Article HI. The United States will occupy and hold the city, bay, and harbor of 
Manila pending the conclusion of a treaty of peace which shall determine the con- 
trol, disposition, and government of the Philippines. 

Article IV. Spain will immediately evacuate Cuba, Porto Rico, and other islands 
under Spanish sovereignty in the West Indies; and to this end each Government 
will, within ten days after the signing of this protocol, appoint commissioners, and 
the commissioners so appointed shall, within thirty days after the signing of this 
protocol, meet at Havana for the purpose of arranging and carrying out the details 
of the aforesaid evacuation of Cuba and the adjacent Spanish islands; and each 
Government will, within ten days after the signing of this protocol, also appoint 
other commissioners, who shall, within thirty days after the signing of this proto- 
col, meet at San Juan, in Porto Rico, for the purpose of arranging and carrying 
out the details of the aforesaid evacuation of Porto Rico and other islands under 
Spanish sovereignty in the West Indies. 

Article V. The United States and Spain will each appoint not more than five 
commissioners to treat of peace, and the commissioners so appointed shall meet at 
Paris not later than October i, 1898, and proceed to the negotiation and conclusion 
of a treaty of peace, which treaty shall be subject to ratification according to the 
respective constitutional forms of the two countries. 

Article VI. Upon the conclusion and signing of this protocol hostilities between 

the two countries shall be suspended, and notice to that effect shall be given as 

soon as possible by each Government to the commanders of its military and naval 

forces. 

Camhon. 

Leon y Castillo. 



No. 106. 

The A/iibassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, August 11, i8g8. 
The Minister for Foreign Affairs has just communicated to me the 

following telegram : 

Washington, August ii, i8g8. 

Dear Duke: On transmitting to me the project of the protocol whose text I 

telegraphed to your excellency, the Secretary of State sent me a letter, which is in 

substance as follows: 



222 SPANISH CORRESPONDENCE AND DOCUMENTS. 

"Although the note delivered yesterday in the White House contains in its spirit 
the acceptance by Spain of the conditions proposed by the United States, in its form 
it does not particularize with sufficient explicitness, which no doubt is due to its 
having been several times translated and placed in cipher. It appears, therefore, 
that the surest method of avoiding any misunderstanding would be to set forth in 
a protocol the bases upon which are to be established the negotiations of peace, 
which protocol you and I would sign in the respective names of Spain and the 
United States." 

According to this letter it is clear that after the conversation we had this morn- 
ing, Mr. Day has modified in a notable manner the impressions produced upon 
him by the answer of the Madrid Cabinet and the state of mind I left him in last 
night. In eifect, although the project of the protocol reproduces integrally the 
demands made by the Federal Government, it may be observed that, by the use of 
the future tense, these demands, notwithstanding they are very precise, do not 
have the character of immediate requirement which the note of July 30 has. This 
moderation is particularly noticeable in article 4, which is the one in which in 
drafting I encountered the greatest difficulty in getting the modifications adopted 
which appeared to me indispensable. In leaving to special commissioners the task 
of determining the conditions which should precede the evacuation of Cuba and 
Porto Rico, and in fixing a time of thirty days in order to come together in Habana 
and San Juan, it is evident that the United States demands only in principle the 
immediate evacuation stipulated at the head of article 4. On the other hand, the 
intention of not giving to this protocol other than the character of a prior under- 
standing is shown in article 5, in which, reverting to the declaration made me last 
evening relative to the constitutional obligations of the Government of Spain, the 
Federal Government expressly reserves the ratification of the treaty of peace bj-^ 
the legislative powers of both countries. Finally, according to the terms of article 6, 
upon the signing of the protocol the suspension of hostilities will follow immediately. 
I have the satisfaction of announcing to your excellency that I have just received 
from Mr. Day a letter in which he advises me that the Federal Government, 
immediately upon the suspension of hostilities, intends to take prompt and efficient 
measures for provisioning Cuba. 

Your excellency will please accept the assurance of my very high consideration. 

J. Cambox. 
Leon y Castillo. 



No. 107. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, Ai/gi/st 12, i8q8. 
In answer to the foregoing telegram from Washington which 
you have been pleased to send me, I beg you to deliver the following 
dispatch to the Minister for Foreign Affairs, to be transmitted to Mr. 
Cambon. The ambassador of France at this Court indicated to me 
this morning that his Government would prefer that the protocol 
preliminary to the negotiations of peace might be signed by a Span- 
ish plenipotentiary. Upon submitting this suggestion to the Gov- 
ernment the desire was unanimous and fervent that the Government 



SPANISH CORRESPONDENCE AND DOCUMENTS. 223 

of France would permit its ambassador in Washington to sign said 
document in the name of Spain. This desire of the Government 
being stated to Mr. Patenotre, he told me he would telegraph to Paris, 
and a moment ago advised me by telephone that according to very 
recent telegraphic dispatches the President of the Republic of the 
United States desires that the protocol be signed in Washington, 
and as soon as possible. In view of this, and by an understanding 
with the ambassador of France here, I am sending powers to Mr. 
Cambon, supposing that the French Government will kindly permit 
him to make use of them in order to terminate a negotiation by 
which Spain is to obtain the reestablishment of peace. 

Almodovar. 

[Inclosure.— Translation.] 

Madrid, August 11, i8g8. 
To the French Ambassador in Washington. 

Mr. Ambassador: Your three telegrams — the first referring to the interview 

with the President of the Republic and the Secretary of State at the White House 

for the purpose of presenting the note of this Government, the second containing 

the protocol, and the third commenting on said document — have been taken into 

consideration to-day by the Council of Ministers. The Government of His' 

Majesty has resolved to accept in all its parts the text as drawn up by the Federal j 

Government. In consequence of the acceptance of the protocol, which implies the| 

suspension of hostilities between the two belligerents, this Government desires to 

make known its expectation that the United States will use all means to prevent 

the separatist forces in Cuba undertaking any aggressive acts. By this telegram 

I have the honor of sending your excellency the full powers which Her Majesty 

the Queen Regent, in the name of her august son the King Don Alfonso XIII, 

has been pleased to confer upon you, with the acquiescence of the President of the 

French Republic, so that you may be able to sign without other formality, or 

without delay, the protocol agreed upon whose text your excellency has been 

pleased to communicate in your telegram of August 11. By post I will send your 

excellency the formal instrument granting the full powers here given by telegraph. 

I have great satisfaction, Mr. Ambassador, by order of Her Majesty the Queen 

Regent and in the name of the Government which represents and interprets the 

sentiments of the Spanish nation, to express to your excellency acknowledgment 

of the eminent services for which Spain is your debtor. 

I improve this occasion, etc., 

Almodovar del Rio. 



No. 108. 

The Ambassador of His Majesty in Far is to the Minister of State. 

[Telegram.— Translation.] 

Paris, August 13, i8g)8. 
The Minister for Foreign Affairs has just sent me the following 
telegram from Washington directed to your excellency: 

Washington, August 12, i8g8. 
In virture of the full powers which Her Majesty the Queen Regent has been 
pleased to order conferred upon me, with acquiescence of the President of the 



224 SPANISH CORRESPONDENCE AND DOCUMENTS. 

French Republic, and which your excellency has done me the honor of communi- 
cating to me by means of a telegram of the nth instant, I signed at half-past 4, 
and at the same time as the Secretary of State, in the presence of the President of 
the United States, the protocol whose text your excellency is acquainted with. 
Mr. McKinley signed immediately afterwards in my presence an order to the 
commanders of the Federal forces by land and sea to at once suspend hostilities. 
In the meanwhile, until there is time for an analogous order to reach the com- 
manders of the royal forces, the American officers will, when occasion presents 
. . . [indecipherable in the French text] officially advise the Spanish officials 
of the suspension of hostilities. On stating to the Secretary of State that my full 
powers would be regularized later, I took pains to inform him that the Govern- 
ment of His Majesty depended upon the Federal Government taking necessary 
measures to avoid any aggressive acts on the part of the separatist forces in Cuba. 
The mission being terminated which your excellency, with the assent of my Gov- 
ernment, confided to me, I beg to assure your excellency that I consider myself 
highly honored by the acknowledgments which your excellency has had the good- 
ness to make to me by order of your august sovereign, as well as in the name of 
the Government and of the Spanish nation, and I improve this occasion to repeat 
to your excellency the assurance of my very high consideration. 

J. Cambon. 

Leon y Castillo. 



No. 109. 

The Ambassador of France to the Minister of State. 

[Telegram. — Translation.] 

Madrid, August ij, i8g8. 
Dear Duke: In view of the full powers which were conferred by 
the Government of His Majesty, and with the acquiescence of the 
President of the French Republic, our ambassador in Washington 
signed yesterday, with the Secretary of State of the United States, 
the protocol whose text had been previously communicated to you. 
Conforming to the instructions of the Minister for Foreign Affairs I 
have the honor of transmitting to your excellency the inclosed dis- 
patch by which Mr. Cambon announces officially the signing of this 
instrument, as well as the sending of the order to the commanders 
of the American forces by sea and by land directing suspension of 
hostilities. 

I avail, etc., 

Patenotre. 

[Note.— The dispatch which is alluded to in this note is the same 
as transcribed in the previous number.] 



SPANISH CORRESPONDENCE AND DOCUMENTS. 225 

No. no. 

The Minister of State to the Ambassador of France. 

[Translation.] 

Palace, August ij, i8g^. 

Excellency: I have just received the esteemed note of your ex-- 
cellency, dated to-day, advising me that, in virtue of the full powers 
conferred by the Government of His Majesty upon the ambassador 
of France in Washington, duly consented to by the President of 
the French Republic, yesterday Mr. Cambon signed in Washington, 
with the Secretary of State of the United States, the protocol whose 
text accompanies said note; also the telegram in which the ambas- 
sador announces officially the signature of this instrument and the 
immediate dispatch of orders to the Federal forces by sea and by 
land that hostilities definitely cease. 

In tendering to your excellency, in the name of the Government 
of His Majesty, the most expressive thanks for the contents of your 
important note, I have the agreeable duty of begging you to please 
convey His Majesty's thanks to the President and Cabinet of the 
French Republic for the eminent services they have just lent to 
the Spanish nation and to the cause of peace. 

I also beg your excellency to have the kindness to send to Mr. 

Cambon, through the medium of the Minister for Foreign Affairs of 

France, to whom Spain owes so much on this occasion, the inclosed 

telegram, by which I advise him of having given a report to the 

Council of Ministers of the contents of his communication, at the 

same time expressing to him our obligation for the intelligence and 

ability with which he has cooperated in a work of transcendental 

importance for our country. 

I improve, etc.. 

The Duke of Almodovar del Rio. 



[Telegram.— Inclosure.— Translation.] 

M.ADRii), August I J, i8g8. 
To His Excellency IVIr. Jules Cambon, 

Ambassador of France in Washington. 
Mr. Ambassador: Through the amiable channel of his excellency the ambas- 
sador of France in this Court, I received a few hours ago the text of the telegram 
which advised me that there was signed yesterday at half-past 4 in the afternoon, 
conjointly with the Secretary of State of the United States, and in the presence of 
the President of the Republic, the text of the protocol fixing the bases for peace 
between Spain and the United States of North America; advising me, also, of 
the immediate suspension of hostilities decreed by the proclamation of McKinley, 
the measures adopted to officially notify the commanders of the Spanish forces, 
and the steps taken by your excellency to assure the observation of the armistice 

S D C 15 



226 SPANISH CORRESPONDENCE AND DOCUMENTS. 

on the part of the separatists of Cuba. I have just this moment given the con- 
tents of the communication of your excellency to the Council of Ministers in full 
conference. The Council approves your action and confirms the signing of this 
important instrument, directing on their part that there be transmitted to the com- 
manders of our forces the order to abstain from all hostility by sea and by land 
against the American troops. 

Reiterating to your excellency the expression of obligation of Her Majesty the 
Queen Regent, my august sovereign, and of her Government for the ability with 
which you have been able to carry to its conclusion a negotiation of such conse- 
quence for Spain, I improve, etc., 

Almodovar del Rio. 



No. III. 

The Under Minister of State to the representatives of His Majesty abroad. 

[Translation.] 

Madrid, August ij, i8g8. 
My Dear Sir: By royal order communicated by the Minister of 
State, I have the honor to send your excellency inclosed a copy 
of the protocol signed yesterday in Washington between the ambas- 
sador of France, in the name of the Spanish Government, and the 
Secretary of State of the United States. 
Dios, etc., 

Luis Polo de Bernabe. 



No. 112. 

The Minister of State to the representatives of His Majesty abroad. 

[Telegram. — Translation.] 

Madrid, August 14, i8g8. 
There was signed in the afternoon of day before yesterday in 
Washington protocol for the preliminaries of peace, text of which 
I sent your excellency yesterday by post. Orders have been given 
for the suspension of hostilities. 

Almodovar. 



No. 113. 

The Charge d' Affaires of France in Madrid to the Minister of State. 

[Translation.] 

Madrid, September /, i8g8. 
Duke: The Minister for Foreign Affairs has just sent me the fol- 
lowing documents, which have been forwarded by our ambassador in 



SPANISH CORRESPONDENCE AND DOCUMENTS. 227 

Washington, with request that he transmit them to the Government 
of His Majesty: 

First. The reply (text and translation) of the Government of the 
United States to the message of your excellency dated July 22 last.* 

Second. The English text of the note of your excellency to the 
Secretary of State dated August y.f 

Third. The French translation of the reply of Mr. Day dated 
August 10. 1 

Fourth. The English and French text of the protocol signed in 
Washington by Mr. Cambon and Mr. Day.Jj 

Conforming to the desires of Mr. Delcasse, I hasten to send your 
excellency the documents just enumerated. 

I improve, etc., J. B. Pasteur. 

* Printed in English in Foreign Relations, i8g8, p. 820. 
t Printed in Foreign Relations, 1898, p. 822. 
X Printed in English in Foreign Relations, 1898, p. 823. 
§ Printed in Foreign Relations, 1898, p. 828. 



INTERPRETATION AND FULFILLMENT OF THE PROTOCOL 
OF AUGUST 12, i^ 



No. 114. 

The Ambassador of France to the Minister of State. 

[Translation.] 

Madrid, August 75, iSgS. 

Dear Duke: Our ambassador in Washington has just transmit- 
ted to the Minister for Foreign Affairs advices which have been com- 
municated to me, and of v^hich I hasten to advise your excellency. 

The Federal Government has sent to the commanders of the 
American squadrons orders to raise the blockade of the ports of 
Cuba, Porto Rico, and the Philippines, in which ports the merchant 
vessels of all nations may now enter. 

Moreover, telegrams may pass freely between the United States, 

Spain, and the Spanish possessions. Cipher dispatches of private 

persons destined for Cuba and Porto Rico, or which originate in 

these islands, will nevertheless remain subject to censorship. This 

measure will not apply to telegrams of the Spanish Government, 

which may communicate by means of cipher, as before the war, with 

the civil and military authorities of Habana and San Juan. 

I improve, etc., 

Patenotre. 



No. 115. 

The Minister of State to the Ambassador of France. 

[Translation.] 

Palace, August ij, i8g8. 
My Dear Sir: I have the honor to acknowledge your esteemed 
note of this date informing me that the ambassador of the French 
Republic in Washington has notified the Minister for Foreign Affairs 
in Paris that the Federal Government of the United States has given 
the proper orders to the chiefs of their squadrons to raise the block- 
ades of the ports of Cuba, Porto Rico, and the Philippine Islands, 
where from now on merchant vessels of all nations may enter; and, 
228 



SPANISH CORRESPONDENCE AND DOCUMENTS. 229 

moreover, that cipher official telegrams may circulate freely between 
that Republic and Spain and her possessions, while those of private 
persons yet remain subject to the censorship. I tender to your excel- 
lency thanks for communicating these advices, and avail, etc., 

The Duke of Almodovar del Rfo. 



No. 116. 

The Af/ibassado/- of France to the Alinister of State. 

[Translation.] 

Madrid, August 77, iSg8. 

Dear Duke: Our ambassador in Washington, to whom I gave 
notice of your desire to know as soon as possible the names of the 
American commissioners who are to be charged with the settlement 
of questions relative to the evacuation of the Antilles, communicates 
to me the following details obtained from the Department of State: 

There have been designated for Cuba: Major-General (of divi- 
sion) Wade, Rear-Admiral Sampson, Major-General Butler. 

There have been designated for Porto Rico: Major-General 
Brooks, Admiral Schley, Brigadier-General Gordon. 

I expect to give you to-morrow the other details you desire to 
know. 

I avail, etc., Patenotre. 



No. 117. 

The Mi /lister of State to the Ambassador of France. 

[Translation.] 

Palace, August 20, i8g8. 

Excellency : I have the honor of informing your excellency that 
in compliance with Article IV of the protocol signed in Washington 
the i2th instant the Spanish Government has appointed as com- 
missioners to agree upon and execute the details of the evacuation 
of the island of Cuba the following officers: Don Julian Gonzalez 
Parrado, general of division ; Don Luis Pastor y Landero, rear- 
admiral; and the Marquis de Montoro. 

For the same object in Porto Rico: Don Ricardo Ortega y Diaz, 

general of division; Don Eugenio Vallarino y Carrasco, captain of 

first class in the navy; and His Excellency Don Jose Sanchez del 

Aguila, auditor of division. 

I avail, etc.. 

The Duke of Almodovar del Rio. 



230 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 118. 

The Ambassado/- of France to the Minister of State. 

[Translation.] 

Madrid, August 22, i8g8. 

Dear Duke: The ambassador in Washington communicates to 
me the following information which the Federal Government 
furnishes in answer to the inquiries lately made of him by your 
Department: 

No objection will be made to the reestablishment of the postal 
service between Spain and Porto Rico and between Spain and Cuba 
and the Philippines. 

Spanish subjects may freely transport under the Spanish flag 
provisions to Cuba and the Philippines, but the importation of food 
into Porto Rico from the United States is reserved to American 
vessels. A state of war existing between the two countries, not- 
withstanding the suspension of hostilities, the above-mentioned con- 
ditions have been agreed upon, but with the following provisions: 

First. That access to Spanish ports will not be prohibited to 
American vessels during the present period. 

Second. That in case of reopening of hostilities American vessels 
will enjoy the immunities conceded to Spanish vessels by articles 4 
and 5 of the proclamation of last April. 

I hasten, etc., Patenotre. 

Note. — This telegram is in answer to questions formulated ver- 
bally by the Minister of State to the ambassador of France regard- 
ing the reestablishment of postal service and of marine commerce. 



No. 119. 

The Minister of State to the French Ambassador. 

[Translation.] 

Palace, August 2j, 18^8. 

Excellency: I received the esteemed note of your excellency of 
yesterday transmitting the replies of the Government of the United 
States to the questions directed to it through the medium of your 
excellency on the 13th instant for this Department. 

The Government of His Majesty consents that the conditions 
stated — that the access of American vessels be permitted to Spanish 
ports during the present period, and that in case of hostilities 
reopening American vessels are to enjoy the immunities conceded 



SPANISH CORRESPONDENCE AND DOCUMENTS. 23 1 

to Spanish vessels by articles 4 and 5 of the proclamation of the 

United States of April 26 last — should be understood in the sense 

of reciprocity between the two countries. 

I improve, etc., 

The Duke of Almodovar del Rio. 



No. 120. 

The Charge iV Affaires of France in Madrid to the Minister of State. 

[Translation.] 

Madrid, August 26, i8g8. 
Duke: I hasten to forward inclosed to your excellency copy of 
telegram from the ambassador of the Republic in Washington con- 
cerning which I had the honor of talking with you yesterday after- 
noon, and which the Minister for Foreign Affairs sent me this 
morning. 

I avail, etc., J- B. Pasteur. 

[Inclosure. — Translation.] 

Telegram transmitted from Washington, via Paris, August 2j, i8g8. 

The Americans commissioned to agree upon the details of the evacuation of 
Cuba will sail shortly for Habana. The American Federal Government begs me 
to so advise the Spanish Government, so that if they have not yet withdrawn the 
mines of that port they will be withdrawn. The Department of State desires to 
receive as soon as possible the reply of the Cabinet of Madrid to this notification. 



No. 121. 
The Minister of State to the Charge d' Affaires of France at Madrid. 

[Translation.] 

Palace, August 26, i8g8. 

My Dear Sir: In answer to the note of your embassy dated 
to-day, I have the honor of informing you that my colleague, the 
Minister of War, just advises me that opportune orders are given 
to the military authorities of Habana that the torpedoes which 
were placed in that port on account of the war be lifted before the 
American commissioners of evacuation arrive. 

The Government of His Majesty will feel much obliged if at a 
proper time your excellency will call the attention of the United 
States to the grievous situation of the families of the chiefs and offi- 
cers of the forces garrisoned in the archipelago of the Marianas, 
who, being separated from such officers, are almost absolutely de- 
prived of resources. The Government of His Majesty doubts not 



232 SPANISH CORRESPONDENCE AND DOCUMENTS. 

that the United States, inspired by the sentiments of humanity and 
under the responsibility which is incumbent upon them, on account 
of having taken said officers to Manila, will shortly adopt necessary 
measures for transporting said families to Cavite or sending them 
home. 



I improve, etc.. 



The Duke of Almodovar del Rio. 



No. 122. 

Instructions for the Spanish commissioners who are to form part of the 
mixed cotntnission charged with the evacuation of Cuba atid Porto Rico. 

[Translation.] 

In accordance with the provisions of Article IV of the protocol 
signed in Washington August 12, 1898, the object of the mixed 
commission of Spaniards and Americans created by said article is to 
agree upon and execute the details of the military evacuation of the 
sea and land forces now actually on the islands of Cuba and Porto 
Rico. 

The Spanish and American commissioners Should meet in Habana 
and San Juan, Porto Rico, respectively, as disposed in said Article IV 
of the protocol, within thirty days following the signing of the docu- 
ment — that is to say, before September 11, the last day of the period 
fixed. 

The Spanish commissioners should first determine and elucidate 
the meaning in the protocol of the word "evacuation," taking for 
granted that it is used in the sense of "military evacuation," or the 
retirement of the Spanish sea and land forces; not that it may refer to 
all the branches of the civil organizations existing in these islands. 

You will hold this interpretation without raising the question 
and discussing it, as an evident supposition from every point of 
view, leaving any discussion to the contingency that the Ameri- 
can commissioners may give other interpretation and effect to the 
evacuation prescribed in the protocol. 

If the American commissioners endeavor to give to the evacua- 
tion a broader character than one purely military, then the Span- 
ish commissioners should refute this view in terms of the greatest 
formality and courtesy, striving to convince the Americans that 
the very terms in which the protocol is drawn demonstrate that the 
total evacuation, with the delivery of sovereignty, should be made 
after the ratification of the definite treaty of peace, it being a point 
about which there can be no discussion, having been agreed upon 
beforehand. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 



-JJ 



Note that the future tense and not the present is made use of in 
relation to Articles I and II of the protocol relative to the renuncia- 
tion of the sovereignty of Cuba and cession of Porto Rico. 

Another proof that the evacuation is exclusively military is the 
fact that the American commissioners of evacuation are all military 
or naval men, not competent to deal with matters of civil organization. 
If the American commissioners do not conform to the purely military 
understanding of the evacuation, the Spanish commissioners will 
consult by telegraph with His Majesty's Government. 

EVACUATION OF THF. ARMY. 

The Spanish commissioners will state to the American commis- 
sioners that for a guaranty of public order, security of foreigners, 
and especially Spaniards and natives who have been faithful to the 
cause of Spain, the evacuation of the Spanish forces can only take 
place upon the occupation of their posts by American regulars in 
sufficient number to guarantee the protection of all. The Spanish 
commissioners will make evident the necessity of this precaution, 
founded exclusively upon considerations of humanity, without polit- 
ical aspect of any kind. In Cuba and Porto Rico Spanish interests 
are considerable and justify demands that they be respected and 
guaranteed, and there is a large Spanish population which, by birth 
in the Peninsula or love for it, would be victims of cruel outrages 
were there not a regular public force in condition to impose order. 
An understanding, therefore, on this point is indispensable. 

The Spanish commissioners will come to an understanding with 
the American commissioners in order to decide beforehand regard- 
ing the movement of troops — for the advance of the American forces 
as well as for the evacuation of the Spanish. But they will ask that 
the means of transportation at command of the Spanish Government 
be taken into consideration. With the object of agreeing upon and 
arranging the details of embarkation of the troops, the Spanish com- 
missioners will negotiate with the Transatlantic Company and consult 
and receive orders from the general in chief. A very essential point 
of the evacuation is that it be made in Spanish vessels or vessels 
chartered for the account of Spain; therefore, it will be necessary 
to regulate the number necessary for this service, guarding against 
undue crowding, and above all that the transportation of the sick 
and wounded be made under the very best conditions possible. 

Regarding these points the Spanish commissioners will come to 
an understanding with the agents of the Transatlantic Company 
and the sanitary officers. 

In Cuba the evacuation should be made from east to west, as the 
part now actually occupied by the Americans is only the region of 
Santiago de Cuba. 



234 SPANISH CORRESPONDENCE AND DOCUMENTS. 

The Spanish commissioners will sustain and maintain that the 
troops must take with them their flags, arms, munitions, equip- 
ments, clothing, saddles, magazines, pieces of artillery of all classes, 
with their mountings and accouterments, and all accessories, and 
in general all material of war, including that of the corps of engi- 
neers, administration, and hospital service, and the machinery and 
articles of the military workshops. 

Likewise, you will send back to Spain all the archives and docu- 
ments of the military departments and corps of the army, turning 
over to the local Spanish authorities the buildings, fortifications, 
and other establishments vacated. Finally, there should be returned 
to Spain the greatest possible number of useful articles, preferably 
those not constituting the permanent defense, as, for example, the 
batteries lately placed on account of the war and in points where 
before none existed; and the delivery of those which can not be 
transported will not be made directly to the Americans by the 
Spanish troops, but to the local administrative authorities, to be 
delivered by them to the Americans. If possible, arrangements 
should be made that the American troops may not enter in any 
locality before the Spanish troops have left, to which end the mixed 
commission can agree upon dates, even to the hour. The Spanish 
troops evacuating a locality will take charge of the arms, munitions, 
and equipments of the resident volunteers as originating from the 
park of artillery, the object being that the volunteers may deliver 
their arms to the Spanish army by whose side they have so valor- 
ously fought, and not to the Americans, and so that these arms and 
munitions which proceeded from the artillery parks and are property 
of the Spanish Government may be sent back to Spain. 

NAVAL EVACUATION. 

The Spanish commissioners will state to the American commis- 
sioners that as the American forces occupy ports Spanish vessels 
of war will leave them, fully supplied with coal from the official 
deposits or acquired from private stores. The ships will take what 
effects they have aboard, or in magazines, and that part of the 
marine archives which may be considered of utility in Spain. The 
vessels will go to ports designated by the supreme naval authority 
of each island, for which purpose the Spanish commissioners will 
come to an understanding with them. 

The commissioners will maintain the right of the Government of 
Spain to retire from the islands of Cuba and Porto Rico the floating 
dry dock, the machinery and fixtures of the arsenals, and the sup- 
plies, munitions, and coal in the deposits, and will ask for this pur- 
pose a term of six months, counting from the meeting of the mixed 



SPANISH CORRESPONDENCE AND DOCUMENTS. 235 

commission. Regarding movable effects, propert}^ of the Spanish 
State, it will be arranged that Spain can do with them as desired. 
The Spanish commissioners will also demand the serviceable effects 
of war vessels and auxiliaries lost or destroyed on the coasts of 
Cuba or Porto Rico during the present war, and especially and very 
particularly those which were not captured. 

For the purposes of the military evacuation, the commander in 
chief of the marine of Porto Rico will be considered as general com- 
mander of the naval station and squadron, independent of that of 
Habana. 

TRANSITORY LEGAL STATE. 

If the American commissioners recognize that the evacuation 
has exclusively a military character, but nevertheless are disposed 
to begin an examination of the transitory state imposed upon 
the islands of Cuba and Porto Rico as a consequence of the evacua- 
tion, the Spanish commissioners will have in mind the following 
instructions: 

In the first place, you will make clear that the retirement of our 
troops does not signify the total delivery of our sovereignty, but 
that this can only take place after the ratification of a definite treaty, 
which according to the provisions of Article V of the protocol should 
conform to the constitutional forms of both countries. We have 
therefore from the natural course of events a transitory state, which 
will begin when our forces have left Cuba and Porto Rico, and 
which will not end until the exchange of the ratifications of the 
definite treaty and the subsequent delivery of the sovereignty. It 
is therefore indispensable, in order to avoid conflicts and prejudiced 
interpretations, to determine in a precise manner the system which 
must apply to the Antilles during this interregnum. 

The Spanish commissioners will maintain, in order to determine 
upon this regime, that it is necessary to classify into two groups the 
territories of the Antilles — the first being those actually occupied 
by Americans maim militari, with authority from the signing of the 
protocol, and the second the territories now under the powers of 
the Spanish authorities. This classification is very essential and 
adjusted strictly to natural laws. 

In the territories occupied by the American forces previous to 
the protocol, there is no impediment to recognizing the rights of 
the Federal authorities of the Union to institute an administrative 
system — economic, judicial, and political — which may be considered 
founded upon the right of conquest. The Spanish commissioners, 
acknowledging this principle, will try to obtain a declaration that 
the Government of the United States or its authorities will not 
establish in these territories custom-house or Treasury duties for 



236 SPANISH CORRESPONDENCE AND DOCUMENTS. 

the importation, exportation, navigation, or property, which would 
have a differential character in prejudice of Spanish products, ves- 
sels, or property; obtaining for Spanish products and navigation all 
the benefits of a most-favored-nation treatment, and thus obtaining 
all the advantages possible, so as not to sever abruptly a current of 
commerce equally beneficial to the Peninsula and to the islands of 
Cuba and Porto Rico. Equity demands such a treatment of rela- 
tions which, based upon an armistice, have a friendly rather than 
a warlike signification. On the other hand, the Spanish commis- 
sioners will maintain that in the territories not occupied b}' force of 
arms by the Americans previous to the protocol, and which therefore 
remain in the power of the Spaniards, the laws and dispositions will 
continue in force which regulate at the present time all the private 
and public rights in all grades of civil official organization until, 
as provided in Article III of protocol, the definite treaty of peace 
is concluded and ratified and there is established in consequence 
by the competent authorities the corresponding legislation-. The 
Spanish commissioners, taking the position that the protocol does 
not change- the legal state of these territories until the ratification 
of the definite treaty, will maintain that until that moment the 
administrative, economical, judicial, and political operations will 
be carried on subject to royal decrees of November 25, 1897. From 
this it follows that the transitory state of rights remains perfectly 
defined in Cuba and Porto Rico, based upon principles of universal 
justice, in benefit of peace and of the best understanding between 
the two countries and Governments. 

OBSERVANCE OF THE ARMISTICE BY THE INSURGENTS. 

The Spanish commissioners will obtain from the Americans a 
declaration that their Government will see that the rebel forces 
respect the armistice. If the rebel forces commit acts of hostility 
against the Spanish forces, the latter may take the offensive, and 
the mixed commissions, with the cooperation of the commanding 
generals of both armies, will agree upon the measures to be taken 
to assure tranquillity and repulse aggression. 

The armistice being established by the two Governments in con- 
formity with Article VI of the protocol, good faith demands enforced 
compliance upon the rebel forces. 

The Spanish commissioners will observe in their relations with 
the Americans due civility and courtesy, carefully avoiding every 
motive for friction; consulting the Government of His Majesty by 
telegraph, through the Governors-General of Cuba and Porto Rico, 
regarding any doubt or difficulty not foreseen in the present instruc- 
tions. If there should arise any obstinate question, whether already 



SPANISH CORRESPONDENCE AND DOCUMENTS. 237 

foreseen or not covered by these instructions, the Spanish commis- 
sioners will propose that such questions be expressly reserved, so 
as to be definitively treated by the peace negotiators to convene in 
Paris. 

Recognizing the patriotism, zeal, and intelligence of the com- 
missioners named by Her Majesty, the Spanish Government confides 
to them the performance of a duty as sad as it is difficult. 

The President of the Council of Ministers, 

Praxedes M. Sagasta. 
Madrid, August 28, 18^8. 



No. 123. 

The Under Minister of State to the Ministers of the Navy and the Treasury. 

[Translation.] 

Palace, September 2, i8g8. 
Excellency: By royal order communicated by the Minister of 
State, I have the honor of advising your excellency for your infor- 
mation that according to the understanding established between the 
Government of His Majesty and the Government of the United 
States during the present suspension of hostilities between Spain 
and that Republic, merchant vessels of each nation may enter the 
ports and waters of the other. 

Dios, etc., L. Polo de Bernabe. 



No. 124. 

The Minister of State to the Charge d' Affaires of France in Spain. 

[Translation.] 

Palace, September 7, i8g8. 

My Dear Sir: The necessity the Government of His Catholic 
Majesty feels for an understanding with the United States respect- 
ing certain points more or less connected with the protocol of the 
i2th of August moves me to have recourse to the intelligent efforts 
of your excellency to the end that, thanks to the friendly coopera- 
tion of your Government and the embassy of France at Washing- 
ton, these points may be brought forward and possibly decided in 
conformity with the principles of universal right and in benefit of 
the readiest understanding between the two States yet belligerents. 

The first of these points refers to the present legal status of the 
city, port, and bay of Manila, occupied by the Americans. The 
Government of His Majesty understands that the United States oc- 
cupies the city, port, and bay of Manila in virtue of the provisions 



238 SPANISH CORRESPONDENCE AND DOCUMENTS. 

of Article III of the said protocol, and not in consideration of the 
clauses of the capitulation of August 14. This capitulation, on 
account of having taken place after the signing of a convention of 
armistice, is and should be considered null, and therefore those 
territories which the North Americans occupy in the Philippine 
Archipelago should be considered as ceded temporarily by Spain, 
without renunciation of her sovereignty, and not as conquered 
viami militari by a belligerent army. The distinction is essential 
and the consequences are radically different. 

On correct principles the truce begins at the moment a conven- 
tion of armistice is signed, and if the oflficials of both armies are not 
responsible for compliance with it until the moment it is officially 
communicated to them the good faith of both contracting Govern- 
ments nevertheless obliges them to make reparation for damages 
which may have been caused during the time necessary for giving 
this notification. The exponent of international law, Grotius, sets 
forth this conception very clearly in the following words: 

The truce and all that pertains to it constrain the contracting parties from the 
moment in which the understanding has been covenanted, but the subjects of one 
or another of the parties are not constrained until the truce takes the form of law, 
which implies some public notification. This notification being made, the truce 
is immediately obligatory upon the subjects, but if the notice has not been made 
in more than one place it will not produce effect in all places of the dominion; a 
sufficient time is necessary for it to be known in all localities. Therefore, according 
to this, if in the interval anything is done contrary to the truce, the subjects are exempt 
from penalty, but nevertheless the contracting parties should repair the damages catised. 
(Droit de la guerre et de la paix, book 3, Ch. XXI.) 

The same principle is sustained by the principal authors of trea- 
tises of the different schools, and among them the highly reputed 
Mr. William Edward Hall affirms that — 

The acts of war undertaken after the conclusion of peace, or the time fixed for 
the termination of hostilities, although they maybe committed in ignorance of the existence 
of the peace, are ttecessarily null. * * * The territories occupied under these condi- 
tions should be returned. (A Treatise on International Law, second edition, Oxford, 
18S4, p. 520.) 

The capitulation of Manila can not in any manner be considered 
as a fact of law, because, before it was consummated, it had been 
solemnly agreed between the Governments of Spain and America 
that hostilities were suspended. This is the only and true interpre- 
tation which can be given to these events, considered in conformity 
with the principles of the law of nations. 

Manila, its bay, and port being occupied by the Americans in 
virtue of a gracious concession of Spain (an act which does not 
signify the renunciation of her sovereignty), and not by the right 
of conquest, it is incontrovertible that the United States can not 



SPANISH CORRESPONDENCE AND DOCUMENTS. 239 

exercise over the territory occupied by its military forces other juris- 
diction than that indispensable for maintaining public order, and 
that there shall remain in force there, as in the rest of the Philippine 
Archipelago, the existing Spanish laws and regulations, which will 
continue to control public and private rights of all classes and official 
organizations until the definite treaty of peace shall decide the 
regime, disposition, and future government of those islands. To act 
otherwise would be to oppose the law and defraud the first basis of 
the peace to be established between Spain and the United States. 

The logical consequence to this declaration is that the forces sur- 
rendered in Manila are by right free, and the Spanish Government 
may dispose of them as it wishes. These forces are not and can not 
be considered prisoners. The capitulation of August 14, as has been 
said, absolutely lacks legal force, having been concerted after the 
suspension of hostilities. But in this capitulation, which is clearly 
null, it was provided by Article I that the individuals comprehended 
in it should remain at liberty. There is, therefore, no doubt that 
the freedom of the regular troops is effected, of whose services the 
Spanish Government may avail during the suspension of hostilities 
for the purpose of imposing order and protecting the lives and 
property of subjects and foreigners in the island of Luzon — in the 
part not occupied by the Americans, as well as in other portions of 
that extensive archipelago. 

The Government of His Majesty, which preserves full sover- 
eignty in the Philippines, has perfect right to and should combat 
the armed rebellion which, without reason and without sufficient 
organization, has broken forth in those islands, and for this purpose 
it is proposed to utilize the forces which garrisoned Manila and to 
send from the Peninsula any troops considered necessary. 

In view of what has been set forth the Government of His Majesty 
is confident that the Government of the United States will not inter- 
pose difficulties against the departure from Manila and distribution 
in the archipelago of the Spanish troops, their flags, arms, and 
munitions, as also against the conservation of all the organizations — 
administrative, judicial, and political — of civil character now existing 
in said capital. 

The Government of His Majesty makes a definite declaration 
regarding these urgent matters, in the expectation that it may be 
accepted and acknowledged by the Washington Cabinet. 

Another result of the above contentions is that the economic and 
fiscal regime which existed before the war in Manila should con- 
tinue, preserving the same organization of the custom-house, the 
collections of which should continue to be made by the one hav- 
ing full power and right, for the payment of obligations legally 



240 SPANISH CORRESPONDENCE AND DOCUMENTS. 

acquired. The Government of His Majesty considers that said 
revenue can not be diverted without injury to the legitimate rights 
of private persons, and expects that this also will be acknowledged 
by the United States. 

Another point not less important is in reference to the class of 
relations which have existed or may exist between the regular forces 
of the United States and the rebel Tagalos. Be these what they may, 
it is certain that the Government of the Union has not recognized 
such rebels as belligerents, which in truth they are not, and therefore 
there should not be conceded to them international recognition of 
any kind, nor acknowledgment of their right to man armed vessels 
and hoist ensigns on them, because such vessels do not pertain to 
any recognized nationality and it is moreover proposed to have 
them commit acts of force and depredation upon Spanish territories 
and in Spanish seas. For this reason His Majesty will consider such 
rebel vessels pirates and judge them as such, and, to repel- and punish 
their aggressions, Spanish merchant vessels going to the Philippines 
will go well armed, in the assurance that the American Government 
must acknowledge the forethought and justice of this measure. 

The Tagalo rebel forces being disorganized, without law, without 
discipline, and without ideas of military honor, it is not possible 
that the Government of the United States has been able to regard 
them as allies. Nevertheless, the fact that the chief of such forces 
was taken to Manila by the American commodore, Mr. Dewey, from 
whom he received arms, munitions, and all kinds of assistance, and 
there having been official intercourse between the American general 
and Aguinaldo, makes the United States in a certain sense respon- 
sible for the acts of the Filipino rebels. It is not strange, therefore, 
that the Government of Spain has recourse to the Government of 
the United States in order that one of the gravest evils these rebels 
have caused be remedied. I refer to the grievous situation of the 
unfortunate Spanish prisoners who have fallen into their hands. 

These Spanish prisoners being held in territory where the Ameri- 
can troops exercise authority, nothing is easier for them than to 
demand their delivery, either for the purpose of putting them at 
liberty, as sentiments of humanity would counsel, or to retain them 
in their hands, under the honor and faith of the United States. 
The spectacle of these prisoners, victims of the blind fury of people 
of little civilization, can not but offend the Christian sentiment of 
all enlightened nations, and it is certain that the United States, as 
soon as they are informed of the facts, will put an immediate termi- 
nation to a state of affairs which morals condemn and natural law 
repels, and which a noble sentiment of compassion demands. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 24 1 

Finally, permit me again to call your attention to the critical situa- 
tion in which the families of the officers of the garrison of the Marianas 
find themselves, being separated from said officers and deprived 
almost entirely of resources. It is known that one of the military 
expeditions of the Americans which sailed from San Francisco, Cal., 
took possession of one of the Mariana Islands, seizing as prisoners 
and transporting to Cavite the officers of the garrison. These offi- 
cers continue in the power of the Americans, and, as communica- 
tion with the Marianas is very difficult, the families there are in the 
greatest affliction, lacking news and even means of subsistence. 
The Governm'ent of His Majesty does not doubt but that the Gov- 
ernment of the United States, inspired by sentiments of humanity 
and under the responsibility of having taken said officers to Cavite, 
will adopt shortly the necessary steps for transporting their families 
there, or for returning them to Spain. I desire, at any event, a definite 
answer as to this matter. 

The Government of His Majesty is sure that the Government of 

the French Republic and its worthy ambassador at Washington 

will pardon the trouble which on this occasion they are caused, in 

view of the importance of the negotiations with the United States 

intrusted to them and the influence such action has on the complete 

reestablishment of peace. In every way the Spanish Government 

reiterates the testimony of their gratitude to the Government which 

your excellency so worthily represents in this Court. 

I improve, etc.. 

The Duke of Almodovar del Rio. 



[Inclosure. — Translation.] 

The Spanish Government, by its note of the 7th instant, requests the French 
ambassador at Washington to make the following observations to the Secretary of 
State, in the name of His Catholic Majesty: 

First. The Spanish Government is of the opinion that the occupation by the 
American forces of the city, bay, and harbor of Manila must be considered in vir- 
tue of the provisions of Article HI of the protocol of August 12, and not in virtue 
of what was agreed to in the capitulation of the 14th of the same month, which is 
absolutely null by reason of having been concluded after the belligerents had 
signed an agreement declaring the hostilities to be suspended. 

Second. By virtue of the agreement, the Spanish Government is of the opinion 
that the occupation of the city, harbor, and bay of Manila by the Americans does 
not confer upon the United States the faculty of altering the Spanish laws there in 
force, but that they are to respect these laws and provisions and maintain all the 
civil, administrative, judicial, and political institutions until the final treaty of 
peace shall determine the regime (control), disposition, and government of the 
Philippine Islands for the future, since it is a matter of occupation in which Spain 
has acquiesced without renouncing her sovereignty, and not of territory conquered 
tnanu militari. 

S D C 16 



242 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Third. The Government of His Majesty, considering the Spanish troops that 
were garrisoned at Manila as free, proposes to avail itself of them during the sus- 
pension of hostilities by transporting them, with their colors, arms, and ammunition, 
to other parts of the island of Luzon which are not occupied by the Americans, or 
other islands in the archipelago, with a view of putting down rebellion, maintain- 
ing order, and protecting the lives and property of its subjects and of foreigners, 
in accordance with its rights and duties as a sovereign. 

Fourth. The Spanish Government is confident that the Government of the United 
States will not, during the period preceding the ratification of the treaty of peace, 
bring any change into the economics and fiscal administration of Manila, and that 
it will not divert for other purposes the customs revenues which are applied to the 
discharge of lawfully incurred obligations. Were it otherwise, legitimate private 
interests would be injuriously affected. 

Fifth. The Spanish Government requests that the Federal Government will 
demand of the Tagal rebels the surrender of the Spanish prisoners now held by 
them, in order either to release them as humane sentiments should suggest or to 
hold them on the honor and guaranty of the United States. The Spanish prisoners 
are made to suffer every description of ill treatment at the hands of the Tagal rebels, 
and inasmuch as the latter have not been recognized as belligerents they can not 
be allowed the right to hold prisoners on territory which is, as a matter of fact, 
occupied by the American forces. Mercy demands the cessation of a condition of 
things repugnant to morality. 

Sixth. The Spanish Government holds that the rebels in the Philippines, not 
having been recognized as belligerents, have also no right to charter armed vessels 
and to display on such vessels a flag that possesses no kind of international repre- 
sentation, to the end of engaging in acts of aggression and in depredations on 
Spanish territorial land and waters. Consequently they will be considered by Spain 
as pirates and tried as such. In order to repel and chastise the attacks of such 
rebel vessels on Spanish merchant ships that may visit the Philippines, the Gov- 
ernment of His Majesty has decided to provide said ships with adequate armament, 
and hopes that the Government of the United States will admit that this is a neces- 
sary and fair measure. 

Seventh. The Spanish Government asks that the Government of the United 
States will cause the families of the Spanish officers who were taken from the 
Mariana Islands and brought into the Bay of Manila to be transported to Cavite 
or returned to their homes in Spain. These families are without news from the 
said officers and said to be in deplorable circumstances, without even means of 
subsistence. 

No. 125. 

The C/iarge d' Affaires of France in Aladrid to the Mitiister of State. 

[Translation.] 

Madrid, Septeinber ^, i8g8. 

Duke: Under date of the 7th your excellency is pleased to send 
me a note, setting forth the different questions relative to the status 
of Manila and the Philippine Islands, which the Government of His 
Majesty desires to see determined or elucidated as soon as possible 
by the Government of the United States. 

According to the wishes of your excellency, I have sent without 
delay by telegraph to the Minister for Foreign Aifairs a translation 



SPANISH CORRESPONDENCE AND DOCUMENTS. 243 

of the inclosure which accompanies this note, asking him to instruct 
Mr. Jules Cambon to call the attention of the United States thereto, 
and have set forth the importance the Government of His Majesty 
attributes to it. 

I also sent yesterday by post to Mr. Delcasse the note /;/ extenso. 
■ Receive, etc., 

J. B. Pasteur. 

No. 126. 

Telegram from the Ambassador of France in Washington^ delivered in 
person by the Charge d 'Affaires of France in Madrid. 

[Translation.] 

Paris, September p, i8g8. 

In re the investigation of matters which the Spanish Government 
desired to have called officially to the attention of the United States — 

First. The commanders of the x^merican forces have no informa- 
tion that about that date there sailed from Manila a vessel manned 
by 700 rebels, nor that any marine expedition has recently sailed 
from Luzon to attack the other possessions of Spain in the archi- 
pelago. But about the loth of August — that is to say, before the 
signing of the protocol — two vessels, with from one hundred to two 
hundred insurgents aboard, left the Bay of Manila with destination 
unknown. 

Second. The insurgents have not control of five vessels, but of 
three or four, of which only two are armed with cannons, and the 
largest could not transport more than 250 men. 

Third. The Federal Government has not begun, nor authorized, 
the chartering of any vessels for sending to Spain the Spanish troops 
embraced in the capitulation of Manila. 

Fourth. The measures suggested by the Spanish Government to 
use these troops for the repression of the insurrection "can not be 
taken into consideration by the Government of the United States, 
having in mind that these forces, even before the surrender of 
Manila, were besieged by land by the insurgents and blockaded by 
sea by the American squadron." 

Fifth. The Secretary of State adds, on the other hand, it would 
be a matter of regret if Spain should send troops of the Peninsula 
to the Philippines, relying upon rumors, of which some have been 
shown to be incorrect and others yet are not confirmed. It is to be 
desired that each Government abstain from all acts which, incon- 
sistent with the suspension of hostilities, might necessitate the 
adoption of corresponding precautionary measures by the other 
Government. 



244 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Sixth. The Federal Government will use its influence to prevent 
any aggressive acts on the part of the insurgents during suspension 
of hostilities. 

Seventh. September 5 Admiral Dewey telegraphed that the fami- 
lies of the officers of the Ladrones were yet in Guam, and that 
according to the statements of the Spanish governor they were not 
left in any manner without resources. The Monterey and Monadnock, 
on touching at the island, did not find in it any signs of distress. In 
the letters these vessels took to the officers at Manila no complaints 
were made. Finally, the Spanish authorities continue collecting 
taxes in Guam, and were in condition to give any relief necessary. 

Note. — This telegram answers questions made verbally by the 
Minister of State to the representative of France. 



No. 127. 
The Minister of State to the Charge d 'Affaires of France at Madrid. 

[Translation.] 

Palace, September p, i8g8. 
My Dear Sir: In addition to my note of August 20, in which I 
notified your embassy of the names of the commissioners appointed 
by the Government of His Majesty to agree upon and execute the 
details of the evacuation of the island of Cuba, I have the honor of 
advising you that, on account of the illness of Rear-Admiral Don 
Luis Postor y Landero, Rear-Admiral Don Vicente de Manterola y 
Tasconera has been named in his place. 

I improve, etc., 

The Duke of Almodovar del Rio. 



No. 128. 

Telegrajn from the Ambassador of France in Washington., delivered iti 
person by the Charge d 'Affaires of France at Madrid. 

[Translation.] 

Paris, September 18, i8g8. 
The Government of the United States believes that the Spanish- 
American commission charged to carry out the evacuation of Porto 
Rico has about concluded its work. By next Monday the Spanish 
troops will abandon their respective garrisons and will concentrate 
in Ponce. Nothing more will remain to be accomplished than re- 
turning them to Spain, respecting which the Spanish commissioners 



SPANISH CORRESPONDENCE AND DOCUMENTS. 245 

have not yet received instructions. The Department of State asks 
me to inform the Spanish Government that it would feel obliged if 
this is provided for, sending transports as soon as possible. 



No. 129. 

Telegram from the Ambassador of France in Washington, delivered in 
person by the Charge d' Affaires of France at Madrid. 

[Translation.] 

REPLY OF THE GOVERNMENT OF THE UNITED STATES TO THE SPANISH 
NOTE OF SEPTEiMBER 7, 1898. 

Via Paris, September 22. 

A careful perusal of the communication in question leads to the 
conclusion that it was sent from Madrid before the receipt there of 
the note of this Department of the 5th instant in reply to the com- 
munications of the French embassy of the 29th of August and the 
3d of September. 

The first four paragraphs of the communication now under con- 
sideration may be said to depend upon the opinion now expressed 
by the Spanish Government that the American forces must be con- 
sidered to hold the city, bay, and harbor of Manila by virtue of the 
provisions of Article III of the protocol of August 12, and not by 
virtue of the capitulation of the 14th of the same month, since the 
protocol provided for the suspension of hostilities. 

The Department is unable to concur in the opinion of the Spanish 
Government that the capitulation of Manila was null and void 
because after the signature of the protocol. It was expressly pro- 
vided in the protocol that notice should be given of the suspension 
of hostilities, and it is the opinion of this Government that the sus- 
pension is to be considered as having taken effect at the date of the 
receipt of notice, which was immediately given by this Government. 
Indeed, it would seem that the suggestion made in the present 
communication of the nullity of the capitulation is in the nature of 
an afterthought, since nothing of the kind was suggested in the 
communications of the 29th of August and the 3d of September, 
which specifically related to the situation in the Philippines. 

As to the nature of the right by which the United States holds 
the city, bay, and harbor of Manila, it is the opinion of this Gov- 
ernment that it is immaterial whether the occupation is to be con- 
sidered as existing by virtue of the capitulation or by virtue of the 
protocol, since in either case the powers of the military occupant 
are the same. 



246 SPANISH CORRESPONDENCE AND DOCUMENTS. 

As to what is stated in the communication of the Duke of Almo- 
dovar in relation to the treatment of Spanish prisoners, it is proper 
to say that the information of the Department is that such prisoners 
have for the most part been well treated. Within the last few days 
it has been reported that some of the prisoners have been released. 

The reference to the families of Spanish officers in the Ladrones 
is evidently to be accounted for by the fact, to which the Depart- 
ment has .heretofore adverted, that the Duke of Almodovar, in 
sending his communication, had not received the Department's note 
of the 5th of September. 



No. 130. 

The Minister of State to the Charge d \4ffaires of France at Madrid. 

[Translation.] 

Pal.\ce, September 28, i8g8. 

My Dear Sir: I have had the honor to receive the copy of the 
telegram of the ambassador of France in Washington, transmitted 
to your excellency from Paris the 22d instant, and which contains 
the reply of the Government of the United States to my note dated 
the 7th of this month. 

Having considered the reply with due care, I feel obliged once 
more to recur to the good offices of your excellency, to beg you that 
by the friendly medium of the Government you so worthily represent 
in this Court at the present time, and the authorized intervention 
of Mr. Jules Cambon, there may be presented to the Government of 
the Union the declarations and reserves which said reply suggests 
to the Cabinet of Madrid. 

In the first place, I should make it clear that the Government of 
the United States of America does not present any argument that 
refutes the assertion, founded upon the principles of international 
right, universally acknowledged, that the capitulation of Manila 
August 14, made after the protocol of the same month, is absolutely 
null and of no judicial value. 

In examining the text of the reply of the American Government, 
doubt arises whether instead of having in view the text of the 
already cited note of the 7th instant it has not simply answered a 
telegraphic extract of the same. 

Truly, the theory it attempts to sustain— that the suspension of 
hostilities should not be considered effective until the day of the 
reception of the proper notification— is not defendable in law, as is 
fully set forth in the note of the 7th instant, and this is proved as 
well by the principal authorities on international law as bv all the 



SPANISH CORRESrONDENCE AND DOCUMENTS. 247 

precedents which can be consulted in the history of wars between 
enlightened countries. Article VI of the protocol provides: "Upon 
the conclusion and signing of this protocol hostilities between the 
two countries shall be suspended." The good faith of the two con- 
tracting Governments constrains them not to avail of the difficulties 
of transmission of the necessary orders, to vary or modify the situa- 
tion existing at the moment the truce was stipulated. 

The stipulations contained in said Article VI respecting the orders 
which each of the two Governments should give as promptly as pos- 
sible to the sea and land forces do not in any manner limit the 
obligations undertaken that " upon the conclusion and signing of this 
protocol hostilities between the two countries shall be suspended." 

Morally, no hostile act after the conclusion and signing of the 
solemn pact can have any judicial value, even though conflicts might 
take place on account of the impossibility of at once advising the 
belligerent forces of the suspension of hostilities — an impossibility 
which in this case was due to the act of the United States in cutting 
the cable and the refusal to reestablish telegraphic communication 
between Manila and the Asiatic Continent, notwithstanding the 
demand of the Spanish Government. 

The circumstance, referred to in the American note, that in the 
previous Spanish communications there was no reference made to 
the nullity of the capitulation of Manila is but another proof of the 
conviction which the Spanish Government has always held upon this 
matter (since learning that the capitulation took place after the 
signing), and which it never even questioned, even deeming it un- 
necessary and inappropriate to refer to it so long as it was unaware 
of certain definite acts of the American military authorities at Manila. 

The Government of His Catholic Majesty can not accept the 
opinion set forth by the United States Government that it is of no 
importance whether the occupation of Manila was considered as 
originating from the capitulation or from the protocol, assuming 
that the powers of military occupation were the same in both cases. 

The Government of His Catholic Majesty, on the contrary, deems 
that the situation of right is completely distinct in the two cases. 
If the capitulation were valid and legal the United States would have 
all the rights which its conditions concede them, and if the con- 
trary they could exercise a military occupation of the city, bay, and 
port of Manila only, under Article III of the protocol preliminary 
to conclusion of the treaty of peace— an occupation which does not 
in any manner signify renunciation of sovereignty by Spain, it being 
evident that the United States could not exercise over the territory 
occupied by its military forces other jurisdiction than that indis- 
pensable for maintaining public order, the Spanish laws, existing 



248 SPANISH CORRESPONDENCE AND DOCUMENTS. 

official organizations, and regulations remaining in force until the 
treaty of peace provides the control, disposition, and government of 
those islands. 

The Government of His Majesty can not do less than repeat the 
assertions set forth in its note of the 7th instant regarding this 
point, and in respect to the conservation of the present economic 
and fiscal regime of Manila; confiding that the custom-house collec- 
tions pledged to obligations legally contracted will not be diverted 
to other objects. 

Unfortunately the advices received by the Government of which 
I have the honor of forming a part, regarding the situation of the 
Spanish prisoners in the power of the Tagalo rebels, are not in 
conformity with the information of the Department of State to 
which the telegram of Mr. Cambon refers. Far from being well 
treated, many of these prisoners are the object of the most barbarous 
and cruel treatment from some of the native leaders, and their con- 
dition is each day more terrible (a matter of public notoriety from 
statements in the American press) and can not but wound the 
humanitarian sentiments of all enlightened people. 

The official relations existing between the American admiral and 
commanding general and the rebel Tagalos, and the fact that the 
prisoners are in territory, at least in part, where United States 
troops exercise their authority and that some were delivered to the 
native insurgents by Admiral Dewey, makes the United States to a 
certain extent responsible (as I have said in former notes) for the 
acts of these rebels contrary to Christian morals and to the most 
elementary principles of the law of nations; therefore the Govern- 
ment of Spain appeals again to the Government of the Union that 
it put in practice measures to terminate the sufferings of so many 
unfortunates, among whom are found women and children and 
defenseless clergymen. 

The advices communicated to Admiral Dewey and transmitted 
in the telegram of Mr. Cambon, sent from Paris the 9th of Septem- 
ber, regarding the situation of the families of the officers of the 
garrison of the Marianas remaining there, abandoned without re- 
sources, do not seem to be confirmed. The Government of His 
Majesty expects that the United States will give opportune orders 
to have said families taken where the military prisoners are or sent 
to Spain, thus bringing to an end a state of affairs the gravity of 
which can not be concealed. 

Persistent rumors have reached Madrid that the American Gov- 
ernment is fitting out several expeditions of troops, and has decided 
to send various men-of-war to Manila during the suspension of hos- 
tilities, stopping at Hawaii in order to be ready to proceed at the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 249 

first notice. As these acts would be an open violation of the stipu- 
lation of the protocol, the Government of His Majesty is not able 
to credit such rumors, and, above all, after the declaration of the 
Secretary of State transmitted in the already indicated telegram of 
September 9, in w^hich, with reference to the announcement of the 
sending of Spanish troops to the Philippines, he says that it is 
expected that each one of the Governments will abstain from acts 
that, being inconsistent with the suspension of hostilities, might 
necessitate the adoption of corresponding measures of precaution 
by the other Government. 

The Cabinet of Madrid desires, nevertheless, to obtain from the 
United States a disavowal of these rumors, which, although each day 
more insistent, it can not but consider untrue. 

At the moment when the Government of the United States 
answered the observations of His Majesty regarding the vessels 
armed by the rebels, which can only be looked upon as pirates, 
reports came of the arrival at the Visayas Islands of three of these 
vessels, which were destroyed by the Spanish naval forces. It is 
evident to the Government of His Majesty that various rebel vessels 
navigate those seas for the purpose of encouraging the natives to 
rebellion against the legitimate sovereignty of Spain. 

It is to be regretted that the refusal of the United States to per- 
mit Spain to make use of the forces which remain inactive in Manila 
for the purpose of imposing order and protecting the lives and prop- 
erty of Spaniards and foreigners, whether in that part of Luzon not 
occupied by the Americans or in any other of the numerous islands 
constituting that vast archipelago, may have contributed to the 
extension of the rebellion in the dominion of Spain by enabling the 
insurgents to utilize the suspension of hostilities for the prosecution 
of their ends. 

The Government of His Majesty considers it its duty to set forth 
these incidents in order not to lessen the responsibility which may 
result from this act of the Government of the United States. 

I beg your honor to transmit to the Minister for Foreign Affairs 
of the Republic of France and to its ambassador in Washington the 
gratitude of the Government of His Majesty for the good offices 
which, with such friendly solicitude, are being extended to Spain, 
and to ask their pardon for this fresh molestation. I have confi- 
dence also that your excellency will pardon the trouble, and, thanking 
you for your intelligent and efficient cooperation, I avail, etc., 

The Duke of Almodovar del Rio. 



250 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 131. 

The Charge d' Affaires of France in Madrid to the Minister of State. 

[Translation.] 

Madrid, September jo, 1898. 
Duke: Under date of the 28th of this month your excellency was 
pleased to direct to me a note which contains the statements and 
reserves suggested to the Government of His Majesty after an 
examination of the reply of the Federal Government to your former 
note of September 7. 

I have the honor to acknowledge the receipt of this document. 
Complying with your wish, I have hastened to transmit the extract 
inclosed with it, as well as the complete text. 
Receive, etc., 

J. B. Pasteur. 



No. 132. 

Telegram front the Minister for Foreign Affairs of France, delivered in 
person by the Charge d' Affaires of France in Mad?-id. 

[Translation.] 

Paris, September jo, i8g8. 

Our ambassador in Washington telegraphs as follows: 

Admiral Dewey has just telegraphed that he has seized at Batangas an Amer- 
ican steamer from Macao with a cargo of war supplies destined for the insurgents. 
The Government has approved the conduct of the Admiral. Two delegates have 
arrived in Washington from Aguinaldo requesting the Federal Government to 
admit them to the Paris conference, or at least to permit them to be heard there. 



No. 133. 

Telegram from the Governer-General of Cuba to the Minister of the 
Colonies, handed to the Alinister of State. 

[Translation.] 

Habana (without date). 

Madrid, October 7, i8g8. 
. The president of our commission has just received from the 
American commission a communication saying that after yesterday's 
session instructions were received from their Government that they 
insist absolutely upon the attitude they have adopted regarding 
various matters which are being settled, maintaining and reiterating 
the following: 



SPANISH CORRESPONDENCE AND DOCUMENTS. 25 I 

First. According to the protocol of peace, the abandonment of 
the sovereignty in Cuba is a condition precedent to the negotiation 
and termination in Paris of a treaty of peace. 

Second. According to said protocol it is consequently necessary 
to make the date in Article IV effective for the execution of this 
protocol — that is, August 12. The word "evacuate," as used in the 
protocol, is not limited to a military evacuation. To evacuate imme- 
diately means at once to abandon possession of the country, retir- 
ing from it not only the military authorities of Spain, but also the 
Government authorities. 

Third. They insist that December i be the date for terminating 
the evacuation of Cuba and vicinity. They attempt also to hold 
all the heavy artillery mounted in the forts and coast batteries, 
but regarding this point discussion has not been raised. 

They present the above three conditions definitely, after having 
cognizance of our arguments in opposition and receiving instructions 
regarding them from Washington. I thought it best to give your 
excellency an account of this without loss of-time for the informa- 
tion and decision of the Government of His Majesty. 

Blanco. 



No. 134. 
The Minister of State to the Charge lV Affaires of France at Madrid. 

[Translation.] 

Palace, October 8, 1898. 

My Dear Sir: The Governor-General of Cuba telegraphs to the 
Minister of the Colonies, under date of yesterday, stating that the 
president of the Spanish commission of evacuation had just received 
from the American commission a communication saying that accord- 
ing to the instructions from their Government they had to insist 
upon the three following points: 

First. That according to the protocol the abandonment of the 
sovereignty of Spain is a question precedent to the negotiation and 
termination of a treaty of peace. 

Second. That according to the provision of the protocol, the 
evacuation should be immediate and signifies the total abandonment 
of the country, retiring not only the military authorities, but also 
those of the Government. 

Third. That the ist of December should terminate the evacua- 
tion of Cuba and adjacent islands. 

In view of the positive character of these conclusions, with which 
the Government of His Majesty is not entirely able to conform, I 



252 SPANISH CORRESPONDENCE AND DOCUMENTS. 

have recourse anew to your courtesy in order that, by the medium 
of your Government and of your worthy representative in Washing- 
ton, you will please have sent as soon as possible, and by telegraph, 
to the Government of the United States, in the name of the Gov- 
ernment of Spain, the following considerations regarding this mat- 
ter, which it deems of strict justice: 

The Government of His Majesty considers that Articles I and IV 
of the protocol of August 12 areconnected with Article V, which treats 
of the conclusion of a treaty of peace now under negotiation in Paris, 
and therefore that the evacuation of the island of Cuba before the 
signing of said treaty of peace can not have the judicial value of an 
abandojiment of sovereignty. This can not occur until the treaty of 
peace has been approved in the phraseology of said protocol "accord- 
ing to the respective constitutional forms of the two countries." 
This, and no other, was the motive for stipulating in the protocol the 
renunciation of sovereignty on the part of Spain in Cuba and ter- 
ritorial concessions by way of war indemnification, using the verb in 
the future tense. It is not possible to confuse the material evacua- 
tion set forth in Article IV with the transfer of sovereignty. This 
definite act only could take place after the exchange of the ratifi- 
cation of the treaty of peace. It clearly follows that the replacing of 
American troops for the Spanish troops does not cause the sovereign 
power of Spain to cease, and that the Spanish authorities should 
continue in power, in the judicial and administrative departments, 
after the evacuation, so long as other sovereign authority does not 
exist by ratification of the treaty of peace, with full power to enact 
laws and appoint officers to execute its provisions. 

Moreover, even supposing the immediate renunciation of sover- 
eignty, simultaneous with the evacuation, it would be Spain's right 
to know in whose favor the renunciation is made and what guaran- 
ties are given by her successor in regard to the security of Spanish 
interests in Cuba, which can not be left to the will of an unknown 
entity without grave risks, for which Spain might appear responsible. 

In regard to the date of the evacuation, the Government of His 
Majesty, far from opposing difficulties to the departure of the troops 
from Cuba, desires that it be accomplished as soon as possible, and 
for this purpose will seek the means for their transportation and 
prepare for their reception in the Peninsula. It is not possible, 
however, to accept the date of December i, because notwithstand- 
ing the earnest desire of the Government of His Majesty to accel- 
erate the evacuation it has not at its command the enorrnous fleet 
necessary to carry this out in such a short time. The Government 
will hasten the evacuation in every way, and, as it coincides in its 



SPANISH CORRESPONDENCE AND DOCUMENTS. 253 

desires with those of the United States, trusts that a reasonable term 
will be conceded in which to effect the evacuation under terms con- 
sonant with human efforts. Recommending earnestly the urgency 
of transmitting to the Washington Cabinet the views here expressed, 
and at the same time asking a prompt. reply, it gives me pleasure 
to reiterate to you, with the gratitude of the Government of His 
Majesty, the assurance of my distinguished consideration. 

The Duke of Ai.modovar del Rio. 



No, 135. 

Telegram from the Minister for Foreign Affairs of France, delivered i?i 
person by the Charge d 'Affaires of France at Madrid. 

[Translation.] 

Paris, October 14, i8g8. 
Our representative in Washington informs me that the two dele- 
gates of Aguinaldo were received by the President of the Republic 
simply as foreigners, and their petition to join the American com- 
mission has not been admitted. They leave for Paris, where they will 
be, without doubt, heard with equal consideration as all those hav- 
ing interests in the Philippines, but without having been influenced 
to the journey by the Federal Government, from which they have 
received no commission. 



No. 136. 

Telegram from the Charge d' Affaires of France at Washinton, delivered 
in person by the French Charge d 'Affaires at Madrid. 

[Translation.] 

Washington, October 10, i8g8. 

The Government of the United States begs me to inform the 
Madrid Government that in place of the two steamships sent to 
Porto Rico there will be needed at least four transports to complete 
the repatriation of the Spanish troops. 

The Federal Government desires that the Spanish Government 
provide these vessels as soon as possible, so as to terminate the 
evacuation without delay. 



254 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 137. 

Telegram of the Minister for Foreign Affairs of France^ delivered in person 
by the Charge d' Affaires of France at Madrid. 

[Translation,] 

Paris, October 75, i8g8. 
The representative of France in Washington telegraphs me as 
follows: 

Mr. Hay has informed me that he is not able at present to give his opinion 
regarding the point of law touched upon by the Minister of State in his note of 
October 8 regarding the scope of the distinction made between evacuation and 
abandonment of sovereignty, which I transmitted to him this morning. Neverthe- 
less, he said to me that, a priori, this double status (at the conclusion of a treaty 
of peace) seemed to him to signify in practice that the American authorities, sub- 
stituting all the Spanish authorities, would administer Cuba by commissioners (in 
trust) until the question is decided as to who will succeed Spain in the sovereignty 
of the island. The Secretary of State added that this was, on the other hand, only 
a personal view, and that he would not be able to answer officially the note of the 
Spanish Government for ten days, or until the return of the President from his 
western journey. 



No. 138. 

The Minister of State to the Ambassador of France. 

[Translation.] 

Palace, October 28, iSg8. 

Excellency: In addition to the note I had the honor of address- 
ing to your embassy the 8th instant, permit me to have recourse again 
to the courtesy of your excellency to the end that by the friendly 
medium of your Government and of your worthy representative in 
Washington you will present to the Government of the United States 
the following views regarding the term set for the evacuation of 
Cuba: 

In spite of the circumstances shown and the arguments set forth 
by the Spanish commission of evacuation, acting in Habana under 
the protocol of last August, they have not succeeded in obtaining 
from the American commission an extension of the definite period 
for evacuation beyond the ist of January next. This term is abso- 
lutely insufficient, however much the operations of repatriation may 
be hastened. 

There remain yet in Cuba more than 130,000 persons whom it is 
necessary to transport to Spain, and among them are 20,000 sick, 
whom humanity requires to be transported with some degree of 
comfort. The Government of His Majesty has busied itself seeking 
foreign vessels which could aid Spanish vessels in this service, but 



SPANISH CORRESPONDENCE AND DOCUMENTS. 255 

its efforts up to this time have not been successful, on account of 
the demand for three times the amount ordinarily paid. It is not 
possible under these conditions to hasten the repatriation more than 
has been done, nor is it possible to demand of the treasury a sacri- 
fice greater than is now being made. 

The Government has no interest in retarding the evacuation of 
Cuba; on the contrary, it is to its interest, for many reasons, to 
bring it to a conclusion as soon as possible, and a good guaranty of 
the honesty of its course is the rapidity with which it has proceeded 
in Porto Rico. 

From interest, from convenience, and in the faithful compliance 
of the agreement, the evacuation of Cuba will be effected with all 
possible haste. The sick will be removed first, afterwards the rest 
of the army, and finally the civil employees. The Government of 
His Majesty promises to forward the repatriation zealously, but it 
can not accept the brief term fixed, because it does not allow suffi- 
cient time. In two months there are no means obtainable for send- 
ing back the army and Spanish functionaries yet in Cuba, having in 
mind that each vessel requires forty days for the round trip. 

The Government of His Majesty urges the Government of the 

French Republic to present these considerations to the Cabinet of 

Washington, obtaining from it a reasonable extension of the term 

fixed, which is absolutely insufficient. Anticipating our thanks for 

the new and signal favor which Spain will receive on this occasion 

from the efficient and friendly efforts of the French Republic, I am 

pleased to repeat, etc.. 

The Duke of Almodovar del Rio. 



No. 139. 

The Ambassador of France to the M mister of State. 

[Translation.] 

Madrid, November j, i8g8. 

Duke: Our charge d'affaires in Washington, who hastened to 
place before the American Government the notes of September 28 
and October 8, whose transmission your excellency intrusted to him, 
has just communicated to the Minister for Foreign Affairs the replies 
he has received from the Department of State. Inclosed your excel- 
lency will find a summary of the same, following the telegraphic 
extract which has been sent me. Later I shall have the honor of 
sending to your excellency the complete text. 

I improve this occasion for acknowledging receipt of your note 
of October 28 informing me that the Government of His Majesty is 



256 SPANISH CORRESPONDENCE AND DOCUMENTS. 

unable to conclude the repatriation of the troops from Cuba before the 
ist of next January, and expressing the desire that efforts be made 
through the medium of our representative in Washington for the 
purpose of obtaining an extension of the term conceded by the 
Government of the United States. This last communication was 
immediately transmitted to the Minister for Foreign Affairs of the 
Republic. 

Receive, etc., Patenotre. 



[Inclosure A. — Translation.] 

Resume of the reply of the Federal Governtnetit to the note of the Cabinet of Madrid 

dated September 28, i8g8. 

First. The Federal Government is not able to accept the interpretation placed 
by the Government of Spain upon the effect of the protocol of August 12 upon the 
military situation at Manila. 

Second. The President of the United States has ordered the American authorities 
in the Philippines to prevent wherever possible the maltreatment by the insurgents 
of Spanish prisoners. 

Third. The American men-of-war which it is said have been dispatched to 
Manila are actually under orders to visit the Brazil coast and afterwards to proceed 
to Hawaii. 



[Inclosure B. — Translation.] 

jRe'stime' of the reply of the Federal Government to the note of the Madj-id Cabinet dated 

October 8. 

First. The Federal Government is not able to accept the conclusions of the 
Government of His Majesty in regard to the relinquishment of sovereignty by 
Spain over Cuba, but considers that it is not necessary to discuss now this ques- 
tion, as it is one of those under discussion by the Peace Commission in Paris. 

Second. In regard to the material difficulty in the way of the repatriation of 
the Spanish troops, the term fixed for the evacuation has been extended from 
December i to January i, 1899. 



No. 140. 

The Ambassador of France at Madrid to the Minister of State. 

[Translation.] 

Madrid, November ij, i8g8. 

Duke: Our representative in Washington, who, conforming to 

the desires expressed in the letter of your excellency dated October 

28, hastened to confer with the American Government for a new 

extension of the time fixed for the evacuation of Cuba, has just 



SPANISH CORRESPONDENCE AND DOCUMENTS. 257 

communicated through the Minister for Foreign Affairs the reply he 
has received from the White House. I regret to advise your excel- 
lency that this reply is not favorable. 

The note sent to Mr. Thiebaut is couched in the following terms: 

The President of the United States, having extended the date of the evacuation 
o'f Cuba until the ist of January, considers it impossible to concede more time. In 
view of the exigencies of the situation in the island, he has ordered the Ameri- 
can officials of the expeditionary corps to take possession in anticipation of the 
evacuation (as need may arise) of the places whose occupation may be necessary 
to the military administration of affairs. 

Receive, etc., Patenotre.. 



No. 141. 
The Minister of State to tlie Ambassador of France at Madrid. 

[Translation.] 

Palace, November ij, i8g8. 
Excellency: I have the honor of advising your excellency that 
I have received your esteemed note of the 13th instant, which in- 
closes the reply given by the American Government to the repre- 
sentative of France in Washington to the desire expressed by the 
Government of His Majesty for obtaining an extension of the time 
fixed for the evacuation of Cuba by the Spanish troops. 
I improve, etc., 

The Duke of Almodovar del Rio. 



No. 142. 

The Ambassador of France to the Minister of State. 

[Translation.] 

Madrid, November 24., i8g8. 

Duke: Supplementing my communications of the 3d and 13th of 

November, I have the honor of transmitting to your excellency the 

translation of the two notes directed by the Department of State to 

our representative in Washington in reply to various observations 

formulated in the name of the Spanish Government. These notes, 

whose telegraphic extracts are already in the possession of your 

excellency, refer to the interpretation of the protocol of August 

12 and the repatriation of the army in Cuba. 

I improve, etc., 

Patenotre. 

[Inclosures: Printed in Foreign Relations, 1S9S, pp. S17 and 81S.] 
S D C 17 



258 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 143. 

The Minister of State to the Ambassador of France at Madrid. 

[Translation.] 

Palace, November 28, i8g8. 
Excellency: I have the honor of informing your excellency, 
begging you to kindly make it known to the Washington Govern- 
ment through the customary channel of the representative of France 
in that capital, that by decree of this date there has been nominated 
as president of the commission of evacuation of the island of Cuba, 
Lieut. Gen. Don Adolfo Jimenez Castillanos, who relieves the gen- 
eral of division, Don Julian Gonzales Parrado, who returns to the 
Peninsula on account of his health. 

I improve, etc.. 

The Duke of Almodovar del Rio. 



No. 144. 

The Ambassador of France at Madrid to the Minister of State. 

[Translation.] 

Madrid, Noveniber 2g, i8g8. 

I have the honor to acknowledge receipt of the note of the 
28th instant, in which you communicate to me the appointment of 
Lieut. Gen. Jimenez Castellanos as president of the commission of 
evacuation of the island of Cuba, begging me to communicate this 
announcement to the American Government through our repre- 
sentative in Washington. 

I have to-day communicated the same to the Minister for Foreign 

Affairs, informing him of the desire expressed by your excellency. 

Accept, etc., 

Patenotre. 



APPENDIX. 



THE CAPTURE OF VESSELS. 

No. 145. 
The Ambassador of France in Madrid to the Minister of State. 

[Translation.] 

Madrid, December 2j, i8g8. 

Duke: As the Government of His Majesty is aware, in view of 
tlie observations made by Mr. Jules Cambon, of which Mr. Leon y 
Castillo was advised, the protest you had asked us to present to 
the Federal Government against the illegality of the capture of the 
Spanish steamship Guido was delayed in presentation for the time 
being. Our representative in Washington having in the meantime 
received documents justifying support of the first demand, and con- 
sidering that it was by all means imperative to make good the rights 
of the captured vessel, sent the papers to the Department of State, 
and inclosed I have the honor of sending your excellency copy of 
the reply directed to Mr. Thiebaut in relation to this matter. 

It will be observed that the immunities guaranteed by the Presi- 
dent's proclamation of April 26, which those interested thought able 
to appeal to, do not apply to the case of the Guido. The same con- 
clusions, it seems, should apply to the claims formulated by the 
captains of the Spanish sailing vessels Frasquito, Carlos Roses, and 
Lorcfizo, whose capture was the object of an analogous protest pre- 
sented through our ambassador in Washington. The American 
jurisprudence relative to this question may be briefly stated as 
follows : 

First. The capture of vessels of the enemy upon the high seas 
commences from the declaration of war. 

Second. The only restrictions in the exercise of this right are 
those set forth in the Presidential proclamation of April 26. 

Third. Only those Spanish vessels which were found at the date 
of the declaration of war "in American ports," or which had sailed 
from a foreign port before this date bound for "an American port." 
enjoy the benefit of these restrictions. 

The capture of Spanish vessels dispatched before April 21, but 
bound for Cuban ports, is considered in consequence legal by the 

259 



26o SPANISH CORRESPONDENCE AND DOCUMENTS. 

American prize court. It will be foreseen that under these circum- 
stances new efforts on the part of the claimants would inevitably 
be without result, and would involve useless expenditure. Lament- 
ing not being able to transmit to your excellency more favorable 
decisions, I have the honor, Duke, of reiterating to you the assur- 
ance of my very high consideration. 

Dios, etc., Patenotre. 



[Inclosure. — Translation.] 

Department of State, 
Washington, N'ovemher 2j, i8g8. 
Mr. Euc;ene Thiebaut, 

Etc., Etc., Etc. 

Sir: Referring to your note of the i8th ultimo, and to mine of the 7th and nth 
instant, relative to the seizure of the Spanish steamer Guido by this Government as 
a prize of war, I have the honor to inform you that I am in receipt of a letter from 
the Attorney-General, dated the 17th instant, on the subject, in which he says: 

"I am informed by the United States attorney for the southern district of Flor- 
ida that the point relied upon by the claimants in the correspondence submitted — 
namely, that the consequences of war are not legally applicable to persons who sail 
beiore war was declared — was presented to the court in elaborate form in the oral 
arguments made by counsel who represented the claimants. These arguments 
will, no doubt, be earnestly renewed when the case of the Guido is heard before the 
Supreme Court. It is, however, part of the established law of nations that when 
two powers are at war they have the right to make prize of ships, goods, and effects 
of each other upon the high seas, and that this right of capture includes not only 
government property, but also private property of citizens and subjects of belliger- 
ent powers. This right attaches immediately upon the declaration of war. The 
rule is in full force in the United States, except in so far as modified by the Presi- 
dent's proclamation of April 26, and there is nothing in that proclamation which 
relieves the Guido and such parts of her cargo as belong to Spanish subjects from 
confiscation. 

" I am therefore unable to perceive that it would be proper or indeed possible to 
reopen this subject before the prize court, or to submit thereto the questions arising 
upon these various documents and claims. They would all be heard in due course 
upon argument of the appeal in the Supreme Court." 

Accept, etc., John Hay. 



CABLE SERVICE. 



No. 146. 

The Minister of His Majesty in Santa Fe de Bogota to the Minister of 

State. 

[Translation.] 

Bogota, October 28, iSpS. 
My Dear Sir: On September 4 I received royal order No. 36, of 
July 5, communicating copy of the note your excellency was pleased 



SPANISH CORRESPONDENCE AND DOCUMENTS, 26 1 

to direct under the same date to the minister plenipotentiary of 
Colombia in Madrid, relative to the interruption in Colon and 
Panama of cipher telegrams directed to Mexico from Cuba, Porto 
Rico, or the Peninsula. 

I immediately directed a cipher telegram to the Spanish consul 
in Panama, asking information by telegraph and post regarding the 
matter, and addressed a note to the Colombian Minister for Foreign 
Affairs in which, after acquainting him with what had happened 
to various telegrams directed to the above points, I begged him to 
let me know as soon as possible the steps the Government of the 
Republic had taken to prevent a repetition of the grave abuses 
denounced. To the note dated October 14 which the Minister for 
Foreign Affairs directed to me, informing me what the Government 
of this Republic has done in the matter (see Inclosure No. i), I 
did not reply until yesterday (as your excellency will see by the 
Inclosure No. 2), for I awaited information by post which the 
consul at Panama sent me the 2d instant, he not having understood 
the cipher telegram which, as I had the honor of stating to your 
excellency, I promptly sent him. 

The consul informed me that in the early part of last June the 
office of the English Cable Company in Panama received a cablegram 
from His Excellency the Govenor-General of Cuba, directed to our 
minister in Mexico. This message was transferred by the office of 
the English Cable Company to that of the American Cable Company, 
who refused to transmit it to its destination on the grounds that 
under the contract it has with the Colombian Government it was 
only obliged to transmit to all ports telegrams, official as well as pri- 
vate, originating in Colombian territory, but not those from other 
countries received in transit. I will state to your excellency here 
that, on examining in the Official Gazette the decree granting per- 
mission to establish the cable under discussion, I have not seen any 
clause providing such a condition. 

The consul in Panama communicated to His Excellency the 
Governor-General of Cuba the foregoing, in view of which telegrams 
were directed to him and transmitted by him, as his own, to the 
minister of Spain in Mexico. 

The consul at Panama, having looked into the matter at the time 
he received my communication charging him to inform me regarding 
these matters, states that he was told that all telegrams received 
in June and July proceeding from Jamaica, Barbados, Trinidad, 
Cuba, and Porto Rico were refused transmission by the North 
American company, notwithstanding that many of these were from 
private persons and were commercial messages. The office of the 
English company told the consul that in the same month there were 



262 SPANISH CORRESPONDENCE AND DOCUMENTS. 

received cablegrams from Madrid from the Spanish Government to 
the minister in Mexico, and upon these being transferred to the 
North American company's office they were transmitted without any 
remarks. The consul in Panama has not stated to me, and I am 
not able to lay before your excellency, the cause which determined 
in each case the inconsistent conduct of the American company. 

As soon as I receive the answer which the Minister for Foreign 

Affairs may have the kindness to give to my note of yesterday, I 

will hasten to place it in the hands of your excellency, expecting 

meantime that my action in this matter will meet your approbation. 

Dios, etc., 

A. DE LA Barre. 



[Inclosure No. i. — Translation.] 

The Minister for Foreign Affairs of Colotnhia to the Minister Plenipotentiary of Spain, 

etc., etc., etc. 

Bogota, October 4, i8g8. 
In reply to the note informing the Ministry of the Government of the contents of 
the esteemed communication of your excellency of September 7 last, regarding the 
interruption in Panama or Colon of cipher telegrams directed to Mexico from Cuba, 
Porto Rico, or Spain, my honorable colleague of that office informs me that: 

"Answering the courteous dispatch of your office dated the 15th of the past 
month, No. 9591, section i, I have the honor of transmitting to your excellency the 
following telegrams connected with the matter discussed by the minister of Spain: 

"'Buenaventura, April 26, i8g8. 
''Director-General and Telegraphers of the Republic: 

"'Dispatches for Cuba in cipher are not admissible via Galveston, and are 
subject to the censorship which the American Government has established. It is 
possible to send also via Antilles, but under the same conditions, with the differ- 
ence that the censorship is by the Spanish Government. The tariff by this route 
costs 4,84 each word. 

" 'You should give close attention to this. " ' Mofla, Telegrapher.' 

"'Buenaventura, September 10, i8g8. 
"'Director-General and Telegraphers of the Republic: 

" ' The cable station advises that they can accept dispatches for the whole of the 
island of Cuba at the risk of the sender. 

" ' Your servant, " ' Mofla, Telegrapher.' 

"This Ministry thinks that the fact that a cable touches in the territory of the 
Republic which is under the exclusive direction and belongs to an American com- 
pany, as is this of Galveston, does not authorize the Government of Colombia to 
prevent said company from complying with the dispositions of the American Govern- 
ment, especially as regards an international war; the more so that the Government 



SPANISH CORRESPONDENCE AND DOCUMENTS. 263 

of Spain, as is shown by the contents of the first of the telegrams above tran- 
scribed, has adopted respecting those dispatches transmitted via the Antilles similar 
dispositions to those of the American Government regarding the censorship." 

I improve, etc., 

Fii.irK F. Paul. 



[Inclosure No. 2. — Translation.] 

The Minister- Plenipotentiary of Spain to His Excellency Don Filipe F. Paul, Minister 
for Foreign Affairs of the Republic of Colombia, etc., etc., etc. 

Bogota, October sy, iSq8. 
Mr. Minister; I had the honor of receiving in due time the esteemed note of 
your excellency of the 4th instant, in which, in reply to mine of September 7 last, 
relative to the interception in Panama or Colon of cipher telegrams directed to 
Mexico from Cuba, Porto Rico, or Spain, you are pleased to transcribe to me what 
the Minister of the Government states respecting the matter, in view of the in- 
formation which was asked from him by your excellency. 

Without doubling for a moment the good faith with which the Government of 
the Republic of Colombia has observed the strict neutrality imposed upon it on 
account of the war between Spain and the United States, I consider untenable the 
argument of the Minister of the Government— that is, "The fact that a cable 
touches in the territory of ihe Republic which is under the exclusive direction and 
belongs to an American company, as is this of Galveston, does not authorize the 
Government of Colombia to prevent said company from complying with the dis- 
positions of the American Government, especially as regards an international war; 
the more so that the Government of Spain, as is shown by the contents of the first 
of the telegrams above transcribed, has adopted respecting those dispatches trans- 
mitted via the Antilles similar dispositions to those of the American Government 
regarding the censorship." 

It must be clear to the intelligent understanding of your excellency that the cited 
argument of the Minister of the Government seems to exempt from the jurisdic- 
tion of the Republic of Colombia and from compliance to its laws foreigners 
residing in its territory, and, putting aside other considerations, permit me to refer 
to what Calvo says in his International Law, 735, page 369. regarding the "violation 
of neutrality obligations:" 

"The failure to repress the acts of its citizens, or of strangers residing in its 
territories, can be the cause of a nation losing its neutral position." It being 
understood, as the author further sets forth, that "in order for this violation to 
exist a real and effective act is not necessary, but it is sufficient when there is 
shown an exclusive tendency favorable to either of the combatants." 

In the case of which we treat, it can not be denied that the cable company inter- 
cepting cablegrams directed to Mexico from Cuba, Porto Rico, or the Peninsula 
showed an exclusive tendency favorable to the United States, of which the above para- 
graph speaks, and was lacking in the duties of neutrality which a residence in a country 
declaring itself neutral to the conflict imposes, and that by its acts of partiality it 
is in a position to lose its neutral standing. 

If by what is set forth I can not accept as sound the first part of the argument 
sustained by the Minister of the Government, neither can I admit the right of 
censorship which the second part of said argument seems to concede to the cable 
company. 

The submarine lines which unite Colon and Panama with Galveston communi- 
cate. also with Mexico by Central America, without passing through the United 
States, while the lines of the Antillas leaving Colon touch in Jamaica and Cuba 
before terminating at Key West. 



264 SPANISH CORRESPONDENCE AND DOCUMENTS. 

The Government of the United States has no rights, therefore, in any manner 
respecting the former cables in the section between Mexico and Colombia, but only 
the Governments of these Republics have the right to exercise censorship toward 
Spain in their dominions with cablegrams proceeding from Cuba or destined for 
that island. 

But aside from the aspect of the question already considered, that set forth by 
the Minister will be found in conflict with what he himself states in his report to 
the constitutional congress of 1892. 

In this work (with reference to the cables of the Atlantic — page 200 — and in the 
paragraph which treats of the concession by decree No. 458, of June 18, 1880, to 
the "Central and South American Cable Company" for the establishment of a 
cable, that leaving the "west coast" of the Isthmus of Panama, maybe directed 
to the coasts of any of the republics of Central America, there to connect with other 
telegraphs of the United States by the way of Mexico) is stated, among other things, 
the following: 

"In the same decree is recognized the public utility of this enterprise, and it is 
exempt from all classes of imposts and national taxes and of taxes of the States, 
and it is stipulated that in cases of foreign or internal wars the agents of the com- 
pany will operate titider the supervision of the political authorities of the United States 0/ 
Colotnbia, and the latter will adapt themselves to the dispositions which the National 
Executive power may dictate, according to the precepts of the common law of 
nations." 

And further on the same report adds: 

"The 28th of December of the same year (18S0) by decree 960 the Executive 
power, on petition of the company, extended the decree of June 18 conceding per- 
mission to the 'Central and South American Cable Company' (under conditions 
exactly equivalent to those established in the decree last cited) for establishing a 
submarine cable which would start from the 'east coast' of the State of Panama 
and follow the same direction indicated in the referred-to decree No. 458 of 1880." 

These two lines — the one which starts from the " west coast" and the other that 
is landed on the "east coast" of the Isthmus of Panama — are, as your excellency 
knows, the ones called the Galveston lines. 

On the other hand, by the decree No. 876 of 1881 is recognized the transfer to 
the "Central and South American Cable Company" of the rights conceded to the 
original company of Fralick & Murphy, grantees (concessioners) of the cable from 
Panama to Callao, *^ stipulati?ig\.\\dLX.X.he ioxvn^x remained stihjcct to all the obligations to 
-which 7vas subjected the Fralick &f Murphy concession." Stating among them (Article 
VI of the contract signed August 25, 1879, between Don Pablo Arosemena, min- 
ister plenipotentiary of Colombia in Peru, and Eulagio Delgado, in the name of 
the house of Fralick, Murphy & Co., of New York) that the cable is declared neu- 
tral and that in case of foreign war the agents of the company will operate subject to the 
supervision of the local authorities, and the not less important Article X of the above- 
mentioned contract, which says that the company engages to 7nake the telegraphic service 
conformable to the laws and regulations of the country, and to its international 
conventions." 

I hope, Mr. Minister, that an examination of this matter, in view of the data 
presented in the present note, will cause your excellency to clearly see the grounds 
for the complaints formulated by my Government against the conduct of the 
employees in Panama and Colon of the Galveston Cable Company. I do not 
hesitate to affirm to your excellency that my Government regrets extremely the 
necessity of communicating these complaints to the Government of the Republic 
of Colombia, for whom it has profound regard and sincere and cordial friendship. 
I improve, etc., 

A. DE LA Barre. 



PART 111. 

THE CONFERENCE AT PARIS AND THE TREATY OF PEACE 
OF DECEMBER lo, 1898. 



TRANSLATION 



(Documents presented to the Cortes in the Legislature of i8oS by the Minister of State. 



265 



THE PEACE CONFERENCE AT PARIS. 

No. I. 
The Charge d'Aff aires of France to the Minister of State. 

[Translation.] 

Madrid, September ii, i8g8. 

Duke: Mr. Delcasse has informed me that the Government of 
the Republic will place at the disposition of the Spanish-American 
Commission, if it is so desired, one of the salons of the Ministrj^ for 
Foreign Affairs, in which their sessions can be held. 

On having the honor of stating to your excellency the foregoing, 

I avail, etc., 

J. B. Pasteur. 

No. 2. 

The Minister of State to the Charge d' Affaires of France. 

[Translation.! 

Madrid, September ij, i8g8. 
My Dear Sir: I had the honor to receive the polite note of 
your embassy of the nth instant, by which you were pleased to 
inform me of the offer of the French Government to place one of 
the salons of the Ministry for Foreign Affairs at the disposition of the 
Spanish-American Commission, for which amiable offer I tender to 
your excellency the profoundest thanks. 

I avail, etc.. 

The Duke of Admodovar del Rfo. 



No. 3. 

The Charge d' Affaires of France to the Minister of State. 

[Translation.] 

Madrid, September 14, rSgS. 
My Dear Sir: By order of my Government, I hasten to inform 
your excellency that the Government of the United States, under 
date of August 28, has officially notified Mr. Cambon of the names 

of the American Peace Commissioners. They are: 

267 



268 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Mr. Day; Senators Davis and Fry; Mr. Reid, who was formerly 
minister of the United States in Paris. Mr. White, who was 
selected, has been replaced by Senator Gray, a member of the Com- 
mittee on Foreign Relations of the Senate. 

Mr. Delcasse adds that the Government of the United States 
has expressed to Mr. Cambon the desire to know the names of the 
Spanish Commissioners. 

I avail, etc., • J. B. Pasteur. 



No. 4. 

The Minister of State to the French Charge d 'Affaires. 

[Translation.] 

Madrid, September 77, i8g8. 
My Dear Sir: Inclosed I have the honor of placing in the hands 
of your excellency the royal decree of this date which His Majesty 
the King, and in his name the Queen Regent of the Kingdom, has 
been pleased to promulgate, naming the plenipotentiaries who, with 
those designated by the President of the United States, are to con- 
duct and conclude in Paris a treaty of peace between Spain and 
that Republic. 

I avail, etc., The Duke of Almodovar del Rio. 



[Inclosure. — Translation.] 
The royal decree of the Presidfticy of the Council of Ministers. 

In compliance with the agreement in article 5 of the protocol signed in Wash- 
ington the I2th of August by my plenipotentiary and that of the United States of 
America, with the unanimous advice of my Council of Ministers: 

In the name of my august son, His Majesty the King, Don Alfonso XIII, and 
as Queen Regent of the Kingdom, I appoint as my plenipotentiaries to proceed, 
with those nominated for the same purpose by the President of the United States 
of America, to the negotiation and conclusion of a treaty of peace between Spain 
and the United States the following: 

Don Eugenio Montero Rios, President of the Senate and ex-Minister of the 
Crown; Don Buenaventura Abarzuza, ambassador and Minister of the Crown, 
who has been Senator of the Kingdom; Don Jose Garnica y Diaz, magistrate of 
the Supreme Tribunal of Justice and member of the Cortes; Don Wenceslao 
Ramirez de Villa-Urrutia, my representative extraordinary and minister plenipo- 
tentiary of the first class to His Majesty the King of the Belgians; and Don Rafael 
Cerero y Saenz, general of division and commander in chief of engineers of the 
first corps of the army. 

Done at the Palace this i6th day of September, 189S. 

Maria Cristina. 

The President of the Council of Ministers, 

PrAxedes Mateo Sagasta. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 269 

No. 5. 

The FrencJi Charge cV Affaires to the Minister of State. 

[Translation.] 

Madru), September ig, i8g8. 
Duke: Under date of the 17th of September your excellency was 
pleased to send me a copy of the royal decree in which are set forth 
the names of the plenipotentiaries empowered to negotiate and con- 
clude a treaty of peace with the United States of America. 

I remain very greatly under obligations to your excellency for 
sending this document, which I hasten to transmit to the Minister 
for Foreign Affairs. 

Availing myself, etc., J. B. Pasteur. 



No. 6. 

The President of the Council of Ministers to the Minister of State. 

[Translation.] 

Madrid, September 22^ iSg8. 
Excellency: To-day I am communicating to His Excellenc}' 
Don Eugenio Montero Rios, President of the Senate, the following: 

Excellency: His Majesty the King, and in his name the Queen Regent of the 
Kingdom, has thought it best to designate your excellency as president of the Com- 
mission of his plenipotentiaries who are to negotiate in Paris the treaty of peace 
with the United States. 

This royal order I send to your excellency for your information 
and other purposes. 

Dios, etc., P. Sagasta. 



No. 7. 

The Minister of State to the Acting Captain-General of the Philippines. 

[Telegram.— Translation.] 

Madrid, Septetnber 24, i8g8. 
It is important to the Government to ascertain as to the certainty 
of the report that Spanish prisoners, both military and civil, taken 
by the Americans have been delivered to the insurgent forces. 

Almodovar. 



270 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 8. 

The Mi/lister of State to the Ambassador of His Majesty in Paris. 

[Translation.] 

Madrid, September 26, i8g8. 
Excellency: His Majesty the King, and in his name the Queen 
Regent of the Kingdom, has been pleased to publish, under date 
of yesterday, the following royal decree: 

Taking into consideration the eminent fitness of Don Emilio de Ojeda, my 
representative extraordinary and minister plenipotentiary in the Court of His 
Sheriffian Majesty: 

In the name of my august son the King, Don Alfonso XIII, and as Queen 
Regent of the Kingdom: 

I decree that, retaining his present office, he shall proceed to perform the func- 
tions of general secretary of the Spanish Commission charged to negotiate in Paris 
the treaty of peace between Spain and the United States of America. 
Done in the Palace the 23d day of September, 189S. 

Mari'a Cristina. 
Attest: 

The President of the Council of Alinisters, 

Praxedes Mateo Sagasta. 

This royal order is sent to your excellency for your information 
and other purposes. 

Dios, etc.. The Duke of Almodovar del Rio. 



No. 9. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

Madrid, September 2g, i8g8. 
The grave news received from Iloilo, according to a telegram 
whose contents follow, moves the Government to solicit of your 
excellency that you will please, on the meeting of the conference, 
immediately offer as a previous question this very important refer- 
ence to the unhappy conditions created for this Government by the 
attitude of the Federal Government in the matter of sending Span- 
ish forces to preserve order in the Visayas and in other parts of 
the Philippines outside Manila and its bay, already occupied by the 
Americans. It appears that after the submission of Aguinaldo to 
the American forces all the acts of hostility against Spain involve 
responsibilities for the Federal Government. Such responsibilities 
will be increased by not permitting us to employ the measures nec- 
essary to suppress the insurrection in those territories. You should 
therefore urgently request the Commissioners to inform their Gov- 
ernment of the determination of Spain to protect her possessions, so 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2/1 

that the dispatch of troops to the Carolinas and other territories 
not occupied by the Americans may not tend to a rupture of the 
armistice. 

Moreover, good faith demands that the Federal Government use 
all means to prevent the aggressions of the insurgents, because it 
would be absurd if, while peace was being negotiated in Paris, the 
Americans through passiveness, even if not by their aid, should 
encourage the insurrection in those territories and the horrible 
offenses against indefensible persons, as reported in the telegram of 
General Rios. 

The telegram of the captain-general of the Visayas of the 26th 
of September reads as follows: 

It appears that Tagalos to the number of 1,500 have landed six pieces of artil- 
lery, and later various others, of whose number I am ignorant. Two parties dis- 
embarked at Pandang and Culasi de Antique — the first moving toward Capiz, the 
second toward the capital of Antique, raising a rebellion and now in control of the 
province. I immediately ordered concentration of the civil guard of Antique, which 
was carried out, except that 16 deserted to the enemy, killing the European sergeant 
and wounding the officer. I reenforced the capital with a company of infantry, and 
I am concentrating another force, bringing part of those operating in Capiz. Am 
trying to come to an engagement; first, in order to place Antique in a normal con- 
dition, and then moving with the whole force to Capiz, where it appears the insur- 
gent parties are greatly increasing. I sent a vessel to Balabac and Pasaqua, with 
orders to bring a company of marines from there. I concentrated platoons of artil- 
lery at South Mindanao, so as to concentrate 250 Europeans, thus more surely pre- 
serving the loyalty of the native troops by mixing them with the Europeans, as was 
done on critical occasions in Luzon. The forces gathered were very small for the 
necessity. I organized also two companies of Moros and volunteers of Zamboanga. 
I assure your excellency I will actively increase the forces, to avoid the spread of 
the insurrection over all Panay, in which case I should be obliged to defend myself 
in the capitals of provinces. Vessels returning from Camarines say that this prov- 
ince is in the hands of the rebels. Colonial governor prisoner. Insurgents killed 
captain and lieutenant of the civil guard, their wives, and seven children. No news 
from governor and colony of Albay. To-day two officers, four divisions, guns, and 
cartridges sail from here for Manila. Governor and colony of Sorsogon embark in 
another vessel for Manila. I have relieved Colonel Oliver, governor of Leyte, at his 
request, the province being in insurrection, and knowing that the insurgents are 
making great efforts to invade it so as to get possession of his person, as he was the 
judge in the Rizal case. I beg your excellency to authorize him to return to the 
Peninsula. In the meanwhile, Marchani will be in charge of the government. In 
Samar several small parties were repulsed in landing, ig rebels being killed. 

According to advices of General Jaudenes, in the Carolinas, 300 men hold out. 
I beg your excellency to send supplies and orders by steamer. I will try to sup- 
ply them for two months. Macario, the leader of the insurrection in Capiz, assas- 
sinated by his party— an important act, of which I will try to get information in 
spite of the present bad situation. Operations in Concepcion and Sierra Capiz 
since my last dispatch; system of ambuscades followed with good results. More 
than two hundred enemies dead to one of ours and eleven wounded. No news 

from rest of territorv. „ - 

Rios. 

Almodovar. 



272 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 10. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

Madrid, September jo, i8g8. 

In continuation, I send your excellency copy of answer of General 
Jaudenes to inquiries of mine (according to the understanding with 
your excellency) as to the manner Americans treat our troops taken 
prisoners, delivering them to the insurgents, for which reason they 
acquire responsibilities for the sufferings undergone by such Spanish 
soldiers. 

Here is the text of the telegram referred to: 

General Marina states that prisoners made by the American cruiser Raleighz.x& 
in the power of the insurgents, and, having asked Admiral Dewey to bring them 
to Manila, he replied that circumstances would not permit him to accede, the pris- 
oners being in the hands of the insurgents. The gunboat Leyte, on June 29, was 
captured by the Americans, as I am informed by its commander, Peral, together 
with 200 officers and troops, on going to ask help for 800 men in three barges, who 
were in great danger of drowning. They had not eaten for three days. Under 
pretext of not having food or room for them, they were delivered to the insurgents 
until July 16; then were redelivered to the Americans. They did not render any 
aid to the 800 men. Ordered Aguinaldo to take possession of them, and they still 

continue in his power. 

Almodovar. 



No. II. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

Paris, September jo., i8g8. 
The Commission has just finished a careful consideration of the 
telegram of your excellency of yesterday and regards it of the 
greatest urgency to consult your excellency on the following points: 
The Government of Washington, according to the telegram of 
Mr. Cambon of September 9, answering the demand of the Govern- 
ment of His Majesty, refused to permit the Spanish forces, surren- 
dered at Manila, to be employed against the Tagalo insurgents, and 
stated that there would be much feeling should Spain send troops 
to the Philippines, because it was desired that the two Governments 
abstain from acts incompatible with the suspension of hostilities. 
On what basis, then, is this Commission to submit the previous ques- 
tion, which your excellency recommends, so that the American Com- 
mission may not refuse to consider it on the ground of the prior 
determination of their Government, or even to decline to transmit 
our remonstrance. Your excellency is pleased to instruct us to lay 



SPANISH CORRESPONDENCE AND DOCUMENTS. 273 

before the American Commission the resolution of the Government 

of His Majesty to send troops to the Carolinas and other territory 

occupied by the Americans. We do not know whether there are 

American troops in the Carolinas, or whether the resolution of the 

Government is to send these troops from the Peninsula or from 

those forces v^diich it had in the Philippines upon the suspension of 

hostilities. It was agreed yesterday that the first conference would 

be held to-morrow at half-past 2 in the afternoon, and, without 

reference to this Commission complying with the instructions of 

your excellency received to-day, it is most important before the 

session to have information upon these points. 

MONTERO Rfos. 



No. 12. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

Madrid, October /, i8g8. 
The transmission of my telegram of the 29th ultimo was defective, 
and I make haste to rectify it. A negative was omitted in referring 
to sending troops to the Carolinas and other territories, making me 
say "occupied by the Americans," when the first draft says "not 
occupied by the Americans."' The previous question which the 
Government of His Majesty desires to propose to the conference 
can be argued upon the following basis: The Spanish Government 
requested the American Government to permit Spanish troops to be 
taken from Manila, in order to employ them in putting down the 
rebellion in Luzon and in other points of those territories; it also 
requested that they permit troops to be sent from the Peninsula 
for the same purpose. The Federal Government declined both 
requests. Since that date recent events oblige His Majesty's Gov- 
ernment to insist upon its desire to employ proper means where the 
Americans do not have a force which is able to preserve order. 
The natives in the Carolinas have risen and greatly threaten the 
few troops garrisoning Ponape. Forces of the Tagalos have landed 
in the Visayas, with cannon, which certainly were not constructed 
in the Philippines. If the Spanish Government should consider the 
matter closed by the refusal of the Federal Government to permit 
the sending of military means, it would be tantamount to admit- 
ting that, while your excellency is negotiating in Paris, an upris- 
ing in our possessions in the extreme Orient is being propagated 
by the indifference of the Home Government. Silence and pas- 
siveness might be interpreted as an intention to abandon, and the. 
s D c 18 



2 74 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Government of His Majesty desires to signify in an explicit manner 
its resolution to preserve these colonies. It is therefore the desire 
of this Government that your excellency and the other plenipotentia- 
ries will please place the following question before the American 
Commissioners, to the end that they transmit it to their Govern- 
ment. In view of the growth of the insurrection in our colonies 
of the Orient, more or less spontaneous, as in Ponape, instigated 
by the leaders of the Tagalos, who have carried the revolt into 
Panay, the Spanish Government feels the absolute necessity of 
sending reenforcements from the Peninsula, and thus sets forth the 
situation to the United States. You may add that it is expected of 
the American forces occupying Manila, and of the generals whose 
influence over the insurgents is known, that they will use their influ- 
ence to restrain barbarous acts, such as those lately committed — the 
murdering of women and children. It is the duty of the sovereignty 
of Spain and of general humanity to put an end to the atrocities 
which the Tagalos commit, and we expect that the Washington 
Government will not refuse the employment of means necessary for 
this purpose. Through the embassy of France, and directed to Mr. 
Cambon, I have sent the note of which your excellency will receive 

copy to-day, setting forth these views. 

Almodovar. 



No. 13. 

The President of the Spa?iish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

Paris, October i, i8g8. 
Received the telegram of your excellency of to-day, answering 
ours of yesterday, after the session of the first conference. In the 
conference we presented in writing the remonstrance which your 
excellency directed in your telegram of yesterday, having the good 
fortune to divine the thought of your excellency set forth in the 
telegram afterwards received. The American Commissioners defer 
answering us until the next session, which will be held Monday. 
By the post of to-morrow I will send your excellency a communica- 
tion in detail, it being impossible to do so to-day for lack of time. 
I recommend to your excellency the greatest reserve as to these 
proceedings, it being agreed by mutual understanding and promise 
of each and every Commissioner to maintain absolute and impene- 
trable reserve regarding what is said and done in the conferences. 

MONTERO RiOS. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 275 

No. 14. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

Paris, October j, i8g8.' 
The second conference has just been held. The American Com- 
missioners answered in writing our motion in regard to the previous 
question. They deny the competency of this conference to concern 
itself with a matter already initiated and pending between both 
Governments. To-morrow I will send your excellency a full text of 
said answer. We announced to-day that we would present in the 
next session the appropriate protest. The next session will be held 
Friday, the 7th, as we have to prepare a counter project to the one 
presented to-day by the American Commission regarding the renun- 
ciation of the sovereignty over Cuba and the cession of Porto Rico. 
We again urge upon your excellency the most absolute reserve in 
regard to communications between the Government and this Com- 
mission. The press, far and near, augment each day the grave 
difficulties which surround us. 

MONTERO RiOS. 

No. 15. 

The Ambassador of His Majesty to the Minister of State. 

[Telegram. — Translation.] 

Paris, October 4, i8g8. 
This evening I presented to the President of the Republic the 
Spanish delegates to the Peace Conference. The President wel- 
comed the Commission and expressed fervent desire that the nego- 
tiations may have a favorable termination. Talking personally with 
me, the President charged me to present his respects and give thanks 
in his name to Her Majesty the Queen Regent for the investiture of 

the order of the Golden Fleece. 

Leon y Castillo. 



No. 16. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 2, i8g8. 
My Dear Sir: I received day before yesterday, the 30th of Sep- 
tember, your telegram in cipher suggested by the dispatch of Gen- 
eral Rios, received by the Government, and giving an account of the 
landing of 2,500 armed Tagalo rebels, with artillery, in Pandang 
and Culasi de Antique in the islands of Visayas. Your excellency 



276 SPANISH CORRESPONDENCE AND DOCUMENTS. 

instructed me to have this Commission propose to the American 
Commission at once, as a previous question, reference to the un- 
happy state created for the Government of His Majesty by the 
attitude of the Federal Government in refusing to permit sending 
Spanish forces for the conservation of order in the islands of 
Visayas, or in any part of the Philippines outside of Manila and its 
bay, now occupied by the Americans. The telegram having been 
translated, I called at once, the same day, the 30th ultimo, a meeting 
of the Commission. After the first reading of the dispatch it seemed 
to us that. His Majesty's Government having initiated directly, by 
means of the French ambassador in Washington, the remonstrance 
and protest which your excellency desired, if this Commission sub- 
mitted it now as a previous question the American Commissioners 
might at once reply that^this matter, being under consideration by 
the two Governments, should not be discussed here. The argument 
would be strengthened on account of lack of competency arising 
from the limited powers granted to the plenipotentiaries on each 
side, their mission being limited by article 5 of protocol of August 
12 to concerting a treaty of peace between both nations. 

We noted the expression in the telegram, as deciphered, instruct- 
ing us to claim, for the Spanish Government, the right to send 
troops to the Carolinas and other points occupied by the Americans, 
although the telegram stated nothing to show that there was an 
insurrection against the sovereignty of Spain by the natives of those 
islands, or that any Tagalo rebels had landed there. The Commis- 
sion at once agreed to address to your excellency without loss of 
time a telegram asking advice and entreating immediate reply, 
because the first session of the conference was fixed, as the protocol 
demanded, for the following day at half-past 2 in the afternoon. 
At the same time the Commission resolved to comply with the 
instructions of your excellency in regard to the presentation of the 
indicated previous question, even though an answer should not then 
be received to our telegram of consultation. 

The morning of yesterday — the ist — and before the arrival of 
your answer, I received the cipher telegram of your excellency of 
the previous day, transcribing the answer of General Jaudenes in 
regard to the situation of the prisoners made by the American 
cruiser Raleigh and in relation to the prisoners of the Leyte and the 
800 in the barges which were taken by the Tagalos; also by post 
this morning I received the communication of your excellency (No. 
2) of the 29th ultimo, in which you were pleased to send me a copy 
of the answer which had been given to the French ambassador 
near the Court of His Majesty replying to his memorandum, trans- 
mitting a report of Mr. Cambon's negotiations relative to affairs in 
the Philippines. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 



-V/ 



Immediately, before the conference, I called the Spanish Com- 
mission together and we discussed these documents. The note of 
your excellency to the French ambassador near the Court of His 
Majesty, to which I have just referred, confirmed the Commission 
in its judgment that the remonstrance initiated directh^ in Washing- 
ton by our Government was taking its course, and therefore there 
was reason to fear that the American Commission would allege (as 
ground for not accepting the previous question which we proposed 
to present) the irregularity of continuing the discussion by independ- 
ent channels. The Spanish Commission also appreciated the desir- 
ability for our Government to preserve entire liberty of action to 
follow up or not in Washington the remonstrance initiated there. 
They considered, moreover, that the urgency of submitting the pre- 
vious question was not so pressing as it would have been if your 
excellency had not directed your last note to the French ambassador 
near the Court of His Majesty. The Commission considered a plan 
for submitting this previous question, so that it should not be denied 
on the ground of lack of competency of the plenipotentiaries of both 
countries to discuss it in their conferences, and so that the wishes 
of your excellency to submit the question to the conference would 
be complied with. 

I therefore at once drafted the motion which was to be presented 
to the conference, which, after reading, my associates honored with 
their approval. 

At the hour fixed, and before receiving an answer to our telegram 
of consultation, we went to the apartments designated for the pur- 
pose in the Ministry for Foreign Affairs, and the Commission was at 
once organized, being constituted by the plenipotentiaries of both 
countries, under the common presidency of those selected by each 
Government for the presidency of their respective Commissions; 
the general secretary of the American Commission attending, and 
the plenipotentiary, Seiior Villa-Urrutia, acting for the Spanish 
Commission as secretary-general, until the arrival of Senor Ojeda, 
named for this office. It was agreed that the conferences be carried 
on in the languages of both countries, the general secretaries mak- 
ing minutes of the meetings without prejudice to the subsequent 
approbation of the whole Commission; also that two plenipoten- 
tiaries—one from each Commission — draw up rules under which 
the conferences are to be conducted, these rules to be approved 
by the Commission in the next session, which will be held to-morrow, 
the 3d, at 2 p. m. 

I brought forward the previous question, presenting it in writing, 
of which I send your excellency a copy. The interpreter read a faith- 
ful translation of it into English to the American plenipotentiaries 



278 SPANISH CORRESPONDENCE AND DOCUMENTS. 

who took it under advisement for answer and discussion in tlie 
session of to-morrow. In tliis discussion we will make use of all 
the information and data contained in the two telegrams of your 
excellency and in the one in answer to our inquiry, which we received 
one hour previous to the termination of the conference. 

The Commission will have great satisfaction if they have inter- 
preted faithfully the views of your excellency. 
Dios, etc., 

E. MoNTERO Rigs. 

[Inclosure: Protocol No. i, printed on page 12, S. Doc. No. 62, part i, 55th 
Cong., 3d sess.] 



No. 17. 

His Excellency the Diike of Alt/ioddvar del Ri'o to His Excellency Don 
Eugenio Montero Rios. 

[Translation.] 

Madrid, October 4, i8g8. 

My Respected and Esteemed Friend: I have received your tele- 
gram of yesterday, referring to the result of the conference held 
with the American Commissioners, which result you anticipated in 
your official dispatch No. 2, received this morning. 

It is probable, taking into consideration the conduct observed in 
the Philippines by the American troops, that the Commissioners 
of Paris will attempt to elude any reply in relation to the previous 
question, which the Spanish plenipotentiaries have promulgated in 
regard to conditions in those territories. The excuse suggested 
surely will not be satisfactory to you, it not being attempted to 
conduct negotiations by two distinct channels. The proposition of 
the Government is that, at the same time that we are making repre- 
sentations to the Federal Government regarding the increasing 
gravity of happenings in the Philippines, the Commission, charged 
to negotiate peace, far from remaining officially ignorant of the 
course of events, will adopt a course of action based upon them, so 
that the future conferences of the Commission may be intimateh^ 
advised of the negotiations proceeding in Washington. The efforts 
of the French embassy in America could not settle these matters as 
rapidly as would be necessary to the Commission of Paris, if the lat- 
ter must take into consideration the attitude of the Federal Govern- 
ment in such important affairs. As a rule, it would be necessary to 
await many days advices from Washington, and there is an urgency 
on our part to know definitely the intentions and propositions of the 
Americans in regard to the encouragement and help which appears 



SPANISH CORRESPONDENCE AND DOCUMENTS. 279 

to be lent to the insurgents by the military commanders who occupy 
Manila, The constant desire to evade all categorical answers, re- 
vealed in the tardiness of the Secretary of State, who even when 
answering does so in an incomplete manner, is again observed in the 
American Commissioners now eluding all answer, and this makes it 
more necessary for us not to lose any opportunity or leave untried 
any effort to settle what is of so much interest to us. 

From the inclosure which accompanies your dispatch, I observe 
the form in which you have ably discussed the question 0/ guaranty 
concerning the conservation of statu quo in the Philippine Archipel- 
ago. The American Commission can certainly not deny the request 
under the pretext of lack of competency, inasmuch as it would not 
be possible for the Spanish plenipotentiaries to continue the con- 
ference with tranquillity, after the late occurrences in Luzon and 
neighboring islands, unless the American Government will give the 
desired assurances. There is, nevertheless, a second question, 
which I beg to submit to you, gentlemen. In the Archipelago of 
Visayas, in Mindanao, and in the Carolinas there have been attempts 
at insurrection, with varying success. These territories are now 
incontestably under the sovereignty of Spain and far from the scene 
of American action or even of influence. The insurgents of Luzon 
send expeditions to those territories with the design of inciting 
them to rebellion. To prevent this, it is not sufficient for the Ameri- 
cans to employ diligence, as is their duty, in discouraging the 
forces of their auxiliaries from such attempts, but it is essential also 
that the Spanish Government be able to send thither the military 
resources necessary for repression, if the action taken by the Ameri- 
cans does not suffice, as is probable. The Government, having in 
mind this supreme and indispensable necessity, desires to notify 
the Americans of its resolution to send forces to the Carolinas and 
other territories not occupied by them. 

You not having considered it opportune to act upon this part of 
the suggestion of Spain, it will be necessary to await the answer 
from Washington to be sent by the French embassy. As I have 
said to you before, the Americans are in no hurry to satisfy our 
demands. 

I inclose copies of two telegrams from Iloilo, which are relatively 
satisfactory, and one from Manila, in which are expressed the exact 
desires set forth by me to the Government of Washington. It seems 
to me that General Jaudenes is under an illusion in respect to the 
inclination of the military officers to permit the departure of our 
forces. Nevertheless, the presence of General Merritt, who without 
doubt will talk with you, may give opportunity to enter into expla- 
nation in regard to this particular subject. 



28o SPANISH CORRESPONDENCE AND DOCUMENTS. 

I would feel under obligations to you if you would number your 

telegrams to this Court in the same manner mine are, beginning 

to number from now on. In this manner it will be easier to make 

references to our mutual communications. 

I remain, etc. , 

Almodovar del Rio. 



[Inclosure A. — Translation.] 

Teles;rain of the gene^-al connnanding in the Visayas to the Minister of JVar. 

No. 27.] Iloilo, October I, i8g8. 

Tagalos landed in Province of Antique. They were defeated after a severe 
fight with a force of 500 men, which I was able to unite under command of Lieutenant- 
Colonel Brandeis, leaving 94 dead on the field, and capturing 14 prisoners, 14 
Mausers, 31 Remingtons, and boxes of munitions. The rebels, badly used up, 
retired to the town of Bugason, which our force will attack to-day. One of the 
prisoners, a deserter from the civil guard of Antique, was summarily shot. On 
our side. Captain Fortuny, of the engineers, and 5 soldiers were killed, and Lieu- 
tenant Abreu and 20 soldiers were wounded. I consider this action of great moral 
importance in these critical times in the Visayas, especially in sustaining the loy- 
alty of the native troops. I propose to direct the Capiz force in position to impede 
invasion of province by Tagalos, which are moving that way. I will try to fight 
later. Opened communication yesterday with Cebu by heliograph. Nothing has 
occurred there of importance. There is nothing more of importance in this 
territory. 



[Inclosure B. — Translation.] 
Telegram of the general commanding in the Visayas to the Minister of IVar. 

No. 28.] Iloilo, October 2. 

Brandeis took Bugason after little resistance. Rebels in precipitate flight, leav- 
ing 27 dead in hands of troops; 2 pieces of artillery, 35 guns — among them Chasse- 
pot, Remington, and Mauser — and 6,000 cartridges for them. All documents lost, 
which shows that Visayas is little disposed to second the movement. In spite of 
heavy storm the rebel vanguard embarked rapidly, so as to save themselves from 
being completely destroyed between two fires. They tried to land in the town of 
Hibisan (Capiz), proceeding from the island of Tarloe in launches, but an ambus- 
cade of troops and volunteers impeded them. The rebels left 31 dead and some 
arms on the beach, while others were drowned in the retreat. 

These troops, which have not received thanks during the time they have been 
in constant operations here, are very satisfactory. I pray your excellency authority 
to concede some recompense within the limits you may be pleased to indicate. 

Being without communication with Cebu, I have sent vessels to obtain tidings. 
Nothing of importance has occurred in rest of the territory. I am much obliged for 
what you stated to me by cable. I assure your excellency that, by all the possible 
means, I will endeavor, as I have up to this time, to sustain the sovereignty of 
Spain in the territory under my command. Lieutenant Matilla is in the field. 
Nothing new from Antique. Captain Pintado is not in this territory. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 28 1 

(Inclosure C. — Translation.] 

Telegram from the captain-general of the Philippines to the Minister of War. 

No. 41.] Manil.x, October j, i8gS. 

According to reports which have come to my notice, it appears that the American 
commanders, on account of the concentration of forces and sanitary conditions, 
would be pleased to support the efforts of the Spanish Government for the evacua- 
tion of the city; and as all reports agree that shortly the situation in Visayas may 
be dangerous, I suggest to the Government that it would be very convenient to 
obtain permission from Washington that these troops and their arms and munitions 
may go there to protect the sovereignty in those islands. 



No. 18. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

Paris, October 5, J8g8. 
The American Commissioners, in their project of treaty in regard 
to the renunciation of the sovereignty in Cuba, do not indicate in 
whose favor this renunciation is to be. If this be accepted by Spain, 
we would not be able to demand of the United States in the treaty, 
or of anyone, the transfer of the obligations and debts of all kinds 
which to-day press upon Spain and arise from the exercise of her 
sovereignty in Cuba. We understand therefore that it is indis- 
pensable that there be set forth in the treaty in whose favor Spain 
renounces her sovereignty over the island. It may be demanded 
that the United States accept this renunciation and its consequences 
for themselves, or that they annex the island. The latter, for good 
reasons, including those of moral principle, it is our understanding 
Spain should not propose. It may, at the proper time, be demanded 
that the United States accept the renunciation upon their own 
responsibility, but in representation and for the Cuban people. 
Your excellency will please instruct us in whose favor we are to 
demand that Spain renounce the sovereignty of Cuba, because 
without this we believe that the United States will have excellent 
ground for not accepting, or perhaps even discussing, anything 
relative to the transmission of the Cuban debts and obligations 
which are now pressing upon Spain, so long as there is not a recog- 
nized entity which must accept them, and to whose account the trans- 
fer must be made. We impress upon your excellency the urgency 
of an immediate answer; for, not knowing concretely the thoughts of 
the Government, we will not be able to take part in the conference 
to be convened next Friday. It is indispensable that to-morrow- 
Thursday— before night, we have in our hands the answer of your 



282 SPANISH CORRESPONDENCE AND DOCUMENTS. 

excellency, because after seeing it we may have to modify the docu- 
ment already drawn up, or perhaps will have to draw up a new one, 
in order to take part in the conference of Friday. 

MoNTERo Rigs. 



No. 19. 

The Minister of State to the Fresidcfit of the Spainsh Peace Commission. 

[Telegram. — Translation.] 

No 6.] Madrid, October 6, i8g8. 

The governor-general of Visayas informs the Minister of War as 

follows : 

Ii.oiLO, October 4. 

Panic produced among the rebels by our forcing the embarking of their van- 
guard in Antique, with the result that there fell into our hands supplies, with 200 
guns of the class already indicated, more than 40,000 cartridges, and two cannons; 
two others out of nine they threw in the river and were extracted by us. In their 
flight, in towns through which they passed, they abandoned and we have captured 
78 others and their flag, rescuing 18 Spanish prisoners they had. Completely dis- 
persed, they surrendered or fled to the m.ountains, there not remaining more than 
some seventy, and their leader, armed, who proceeded to the Province of Capiz. 
The district of Antique has recovered its normal condition, and I recommend the 
province to Government for not supporting movement. I am withdrawing forces 
from Antique, to give more vigor to operations in the mountains of Capiz. The 
moral effect of operations in Antique has resulted in spontaneous enthusiasm. 
Numerous manifestations were made me as representative of the Government 
to-day by the clergy, corporations, and all classes of business men of Iloilo, who 
appreciate the value of these occurrences. Communication with Cebu has been 
reestablished, which was cut off by the party which attacked the town of Asturias 
and were bravely repulsed by the volunteers, who had 3 killed and 9 wounded, 
causing numerous losses to the rebels, who fled, badly punished. Another party 
near Toledo was defeated by our forces and left 36 dead. Rest of the territory 
without change. 

Almodovar. 



No. 20. 

The Minister of State to the President of the Spanish Peace Conwiission. 

[Telegram. — Translation.] 

No. 7.] Madrid, October 6, i8g8. 

Received your excellency's telegram referring to the form in 
which Spain should renounce her sovereignty over Cuba. The 
Government agrees with the Commission that it is necessary to 
state clearly in the treaty in whose favor Spain renounces said 
sovereignty and her rights, to the end that it shall be clear upon 
whom falls the obligations of that country. Since the message of 
the President of the Republic initiating the negotiations of peace 



SPANISH CORRESPONDENCE AND DOCUMENTS. 283 

the Spanish Government has undertaken to agree with the Govern- 
ment of the United States upon a definite political status for the 
island of Cuba. In the course of the negotiations Spain has main- 
tained the same purpose, and has even intimated that the interests 
of the native Spaniards and loyal Cubans would be best guaranteed 
if the American Republic would annex the island. Tiie Federal 
Government declares that in its present state the island requires 
help and direction, and the United States is disposed to lend it. 
Therefore, the United States is under obligation to covenant with 
the Government of Spain in the name of the island of Cuba, which 
to-day lacks international entity, and the day in which Cuba may 
perfect such entity does not seem near. Whether the renunciation 
of sovereignty be in the form of annexation or a protectorate, it is 
indispensable that the United States should be the one to accept the 
renunciation in its favor, the treaty determining with all clearness 
and precision the mutual rights and obligations resulting from the 
renunciation of sovereignty and rights enjoyed on the part of Spain. 

Almodov.ar. 

No. 21. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 4, i8g8. 

Excellency: At the second conference held yesterday at half- 
past 2 in the afternoon the American Commissioners presented in 
writing their answer (which I have the honor to send your excellency 
in duplicate copy in Spanish and English) to our motion, also in 
writing, in which we demanded, as your excellency has been advised, 
the restoration in the Philippines of the statu quo existing the 12th 
of last August, when the protocol was signed in Washington by 
which the suspension of hostilities on the part of both belligerents 
was agreed upon. 

As your excellency will be pleased to note in the said answer, 
the American Commission, pleading their "lack of power" and 
desiring "to prevent the diversion and failure of the present nego- 
tiations," deem themselves obliged to reply that, the questions in- 
volved in the present proposals [ours] and demands of the Spanish 
Commissioners having heretofore been presented to the Govern- 
ment of the United States and answered in notes of the Department 
of State, any further demands as to military operations in the Philip- 
pines must be addressed by the Government of Spain to the Gov- 
ernment of the United States in Washington, and consequently that 
they [the American Commission] can not join in the proposed 
declarations. 



284 SPANISH CORRESPONDENCE AND DOCUMENTS. 

I had to protest, verbally and in the minutes, against certain 
phrases in the American reply intimating that the Spanish Commis- 
sioners, in presenting their proposition at the previous session, 
desired to divert the conference from the object for which it had 
convened; although the American Commissioners, in their closing 
paragraph, asserted that they had no intention of insinuating that 
our proposition had been made with this object. This satisfactory 
statement being repeated by them, we stated that we reserved the 
right to present in the next session an appropriate protest, of which 
I will remit your excellency a copy in due time. In it we shall 
expressly set forth that the Spanish Government and its Commis- 
sioners reserve the right to decide what they believe Spain's dignity 
and right demands, in the event that the United States, far from 
maintaining the above-mentioned statu quo, shall continue to permit 
the situation to be altered by the rebel Tagalos to the prejudice of 
Spain. The protocol of August 12 having once been decided to be 
the firm basis of the treaty which we are called to conclude, it can 
not be conceived how it is possible to make this treaty on a basis 
which is being altered each day to the prejudice of one of the high 
contracting parties. 

The American Commission then presented a project for the first 
two articles of the treaty, which includes all that they understand 
that the articles should contain respecting the renunciation of the 
sovereignty of Spain in Cuba and the cession to the United States 
of Porto Rico and other Spanish islands in the sea of the Antilles. 

As the said project is entirely unacceptable to Spain, in what it 
sets forth as well as in what it fails to set forth, the Spanish Com- 
missioners have announced that in the next session they will present 
a counter project on the same subject. This we propose to do, 
setting forth in writing the reasons or principles which demonstrate 
the clear justice of what we have to propose in each article of the 
counter project. 

In due time I will inform your excellency how the negotiation 
is progressing here. Because of the necessary extension of our 
labors, and to afford indispensable time to prepare our reply — having 
in mind also that to-day His Majest3^'s ambassador in Paris has 
been pleased to advise us that we are to have the honor of being 
received and presented to the President of the French Republic — it 
was arranged that the next conference will be held next Friday, the 
7th. This is all I have the honor to communicate to your excellency 
to-day. 

Dios, etc., E. Montero Rios. 

[Inclosure; Protocol No. 2, printed on page ig, S. Doc. No. 62, part i, 55th 
Cong., 3d sess.] 



SPANISH CORRESPONDENCE AND DOCUMENTS. 285 

No. 22. 

The President of the Spanish Peace Co?nmission to the Minister of State. 

[Telegram. — Translation.] 

No. 6.] Paris, October y, 1898. 

Confidential. The session has just closed. This Commission 
presented the protest in regard to the Philippines, of which your 
excellency has knowledge, and the counter project for articles of 
the treaty in relation to the renunciation and cession of the Antilles. 
The American Commissioners desire to study the matter until Tues- 
day, when a conference will again be had. I am communicating to 
your e.xcellency in detail by post to-day. 

MONTERO Rios. 

No. 23, 

The President of the Spanish Peace Cotumission to the Minister of State. 

[Translation.] 

Paris, October 7, i8g8. 

Excellency: I received last night your telegram No. 7, answer- 
ing the unanimous recommendation which this Commission had 
addressed to you by telegraph in regard to the manner in which the 
Commission should demand of the Commissioners of the United 
States that they accept the renunciation of the sovereignty of Spain 
over the island of Cuba; or, what is the same, whether this Com- 
mission should demand that the United States accept the sover- 
eignty over Cuba by annexation, or transmit it to the Cuban people 
at an opportune time. 

This Commission, to whom I made known the telegram of your 
excellency immediately after its receipt and translation, agreed to 
be guided by the instructions the telegram contained and to present 
in the conference of this afternoon, in connection with these instruc- 
tions, the counter project of treaty referring to the renunciation or 
cession of our sovereignty in the Antilles. This was done, the read- 
ing having first been in Spanish by our secretary, the interpreter of 
the American Commission at the same time translating it aloud into 
English. 

The American Commissioners, after a very brief consultation 
among themselves, proposed that we adjourn until next Tuesday, 
when the Commission would meet at 2 p. m. for discussion of the 
before-mentioned counter project. They would then state whether 
they would accept or refuse it; and if the former, whether they 
would accept it as a whole, or what part they would refuse. 

It was also definitely agreed that when a proposition is not ac- 
cepted a memorandum may be presented containing the reasons on 



286 SPANISH CORRESPONDENCE AND DOCUMENTS. 

which it is based; to this memorandum those refusing have the 
right to reply with other documents of the same kind, in which they 
may state succinctly their reasons for not admitting it. In conse- 
quence of this understanding, I have reserved the presentation of the 
memorandum prepared in support of the counter project presented 
until the American Commission express their refusal. 

I send your excellency a copy of the counter project and memo- 
randum. 

Excuse me in stating to your excellency how indispensable it is 
that these documents be kept in absolute reserve, because any news 
in regard to their contents might cause a failure of the object desired. 

This Commission presented in the conference of to-day the prop- 
osition, copy of which I also send your excellency. The American 
Commissioners acknowledged its receipt and agreed that it form 
part of the protocol of the conferences, but they refrained from say- 
ing anything in relation to its contents. We insisted orally upon the 
right to discuss, when we thought it necessary, the condition of 
affairs in the Spanish possessions in the extreme Orient. On this 
point I await instructions from your excellency. 
Dios, etc., 

E. MoNiERO Rigs. 

[Inclosure: Protocol No. 3, printed on page 23, S. Doc. No. 62, part i, 55th 
Cong., 3d sess.] 

No. 24. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 8.] Paris, October ii^ i8g8. 

Have just held a session. The American Commission did not 
accept our project. In consequence we presented memorandum. 
They defer answering in writing until the next conference, which 
will be held next Friday, in which we shall begin the oral discussion. 
I write by post of to-morrow. 

MoNTERO Rigs. 

No. 25. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 12, i8g8. 
Excellency: As I had the honor to state to your excellency yes- 
terday by telegraph, at 2 in the afternoon a conference was held, 
the plenipotentiaries of both Governments being present. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 287 

The American Commissioners presented a proposition explaining 
their motives for not accepting the counter project of the articles of 
the treaty relative to the renunciation of the sovereignty in the island 
of Cuba and the cession of this sovereignty in Porto Rico and other 
Antilles, which the Spanish Commissioners had presented in the 
previous session. 

Consequently, we presented the memorandum in which is set 
forth succinctly the reasons for our project, a copy of which I have 
the honor to remit to your excellency. 

The American Commissioners, after a brief debate, in which they 
endeavored, without success, to have an oral discussion on the base 
of the project of articles they had presented, agreed that they would 
reply in writing in the next session to our memorandum. Session 
to be held at 2 p. m. Friday, the 14th. 

The written discussion being terminated, the oral arguments 
then began concerning the acceptance by the United States of the 
renunciation of the sovereignty of Spain in Cuba, with its conse- 
quent responsibilities and the transfer with this sovereignty of all 
the charges and debts of a colonial character contracted by Spain, 
up to the ratification of the treaty, for the public service in the 
island or as a charge upon its special treasury. 

Observing that the answer presented by the American Commis- 
sioners, refusing our project, assumed that we proposed that the 
United States accept the sovereignty of Cuba to transmit it at 
the proper time to the Cuban people, I called their attention to the 
inexact translation of our article, in which we do not say that the 
United States shall accept the sovereignty of Cuba /// order to trans- 
mit it at the proper time to the Cuban people, but that they may 
transmit it at the proper time to said people. 




Am( 
Ui 

They did not state this definitely ; nor, on the contrary, did they desire 
that the treaty should contain the obligation that they voluntarily 
contract to transmit said sovereignty to the people of the Grand 
Antilles, and above all they did not desire that Spain reserve in the 
treaty the right to demand of them the compliance of this obligation. 
Presuming that the American Government favors annexation, we 
shall avail, in the discussions following, of the resources offered us 
in benefit of the interests of Spain. The United States, in their 
joint resolution, voluntarily declared that they only demanded of 
Spain the sovereignty of Cuba so as to transmit it to that people to 
the end that they might be independent. Spain would then have 
perfect right to demand of them the compliance of their voluntary 



288 SPANISH CORRESPONDENCE AND DOCUMENTS. 

engagement; not demanding this, Spain would be granting them 
a signal service, which would require proportionate compensation. 
This Commission understands that it must limit itself solely to not 
demanding this compliance, at the same time abstaining from mak- 
ing any manifestations for or against annexation. If it is agreeable 
to the United States this Commission believes it certain that they 
will comply with their engagement, without the necessity of Spain 
asking it, and if it is not to their mind this Commission under- 
stands that Spain lacks means to enforce compliance. The United 
States will be, after the treaty is signed, in the same situation in 
which they were after the vote of their Congress on the joint reso- 
lution of April 20 of this year, but Spain will be neglecting notice 
in the treaty of this obligation, although without exempting them 
expressly from its compliance. 

As your excellency will understand, this situation, we hope, will 
favor our exertions in the discussion of the articles of the treaty 
relative to the transmission of the colonial obligations and other 
points which must be inserted in tlie treaty. We shall endeavor on 
our part to do all possible so that the compensation may be propor- 
tionate to the service Spain lends to the United States. 

Dios, etc., 

E. MONTERO Rios. 

[Inclosure; Protocol No. 4, printed on page 30, S. Doc. No. 62, part i, 55th 
Cong., 3d sess.] 

No. 26, 

The P)-esident of the Spanish Peace Commissio7i to the Minister of State. 

[Telegram. — Translation.] 

No. 9.] Paris, October 14, i8g8. 

The conference has just terminated. Spirited discussion during 
four hours as to whether the United States should accept the renun- 
ciation of Cuban sovereignty. The determination is pending for 
the next session, which will be held Monday. I will write your 
excellency to-morrow. 

MoNTERo Rigs. 



No. 27. 

The Minister of State to the President of the Spanish Peace Conunission. 

[Telegram. — Translation.] 

No. 10.] Madrid, October 16, i8q8. 

It is advisable that your excellency inquire of the American 
Commissioners, by direct or indirect means, the truth concerning the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 289 

departure of the ships Oregon and loiva, which according to report 
are on the way to the Pacific en route to the Philippines; and also 
regarding the sending of reenforcements for the American troops 
garrisoning Manila. Another point which should be presented to 
the Commission is in regard to the Spanish prisoners in the power of 
the insurgents. Thousands of soldiers and officers, as well as eccle- 
siastics and citizens, are at the present time subjected to the greatest 
outrages by the insurgents. To the remonstrances of the Spanish 
Government the United States Government always replies that it 
will use its good offices, which up to this time have not resulted 
satisfactorily. I think that, within the powers of the Spanish pleni- 
potentiaries to take cognizance of the consequences of the war, and, 
in addition to the negotiations initiated between the Governments, 
you may indicate to the American Commissioners the deplorable effect 
produced in Spain at the spectacle of forces looked upon as auxil- 
iaries being allowed, contrary to the rights of men, to submit the 
captured Spaniards to outrages. His Majesty's Government does not 
intend to begin again the negotiations, which are already established 
directly with the United States, but in consequence of the Govern- 
ment of Washington deferring satisfaction to its demands, it merely 
takes advantage of the immediate intercourse established with the 
representatives of the Federal Government, and, heedful of its official 
duties, as well as to the claims of humanity, calls attention to the 
state of affliction of those Spanish subjects. 

I read the dispatches of your excellency in the Council of Minis- 
ters, and the approbation was unanimous for the ability with which 
the negotiations on those points submitted to debate to-day were 
conducted. It gives me pleasure to communicate this approval. 

Almodovar. 



No. 28. 

The Afiiiister of State to the President of the Spanish Peace Comniissiofi- 

[Translation.] 

Madrid, October 16, i8g8. 
Excellency : The Council of Ministers, to whom I communicated 
the dispatches of your excellency which you have done me the honor 
to direct to me, has taken cognizance with great interest of their 
contents. They especially charge me to express to you, which I 
do with the greatest satisfaction, their unanimous approval of the 
conduct observed in the course of the very important negotiations 
committed to the zeal and discretion of your excellency, and their 
congratulation upon the skill with which the Commission, of which 
s D c 19 



290 SPANISH CORRESPONDENCE AND DOCUMENTS. 

you are the worthy president, is acting. By royal order I com- 
municate this to your excellency for your information. 

Dios, etc., 

The Duke of Almodovar del Rio. 



No. 29. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 75, iSgS. 

Excellency: I have duly received the ro3^al order No. 6 in 
which it has pleased your excellency to inform this Commission 
of the telegram of the Governor-General of the island of Cuba, 
notifying the Government of His Majesty of the contents of the 
communication he has just received from the American commis- 
sioners for the evacuation of that island. 

This Commission will bear in mind the due importance, taking 
into consideration the nature of its work, of the information which 
said telegram contains and which your excellency has had the kind- 
ness to transmit. 

As I stated to your excellency yesterday afternoon, after four 
hours of discussion the conference terminated with no decision of 
any kind. The subject of the debate was the projected first article 
of the treaty, which the Spanish Commission had submitted for the 
approval of the American Commission and which was not approved. 

The American Commissioners opposed that the treaty should state 
that Spain renounce in favor of the United States and that they 
accept the sovereignty of Cuba. Notwithstanding the evidence of 
events confirms what the negotiations prior to the protocol show, 
as well as Article IV of the same, the American Commissioners per- 
sisted in their refusal to accept the before-mentioned sovereignty 
in the name of the United States. The reason of their resistance 
is clear. These gentlemen comprehend that if the United States 
accepts sovereignty over the island of Cuba, either in order to pre- 
serve it or to transmit it to the Cuban people, they must be directly 
responsible to Spain for all that the cession carries with it, and 
although they may be resolved to oppose that the debts shall pass 
with the cession, perhaps they feel that the evident justice of the 
Spanish demands will oblige them to concede more or less on this 
point. In order to avoid that the United States be the one upon 
whom is to fall these transmitted debts, they oppose anything that 
has the semblance of accepting sovereignty renounced over the 
Great Antille. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 29 1 

After four hours of discussion I saw it was necessary to declare 
that it was an absolute condition of Spain that the treaty contain 
the acceptance on the part of the United States of the sovereignty 
that the Crown of Spain renounces. 

In consequence of this attitude, they proposed that the confer- 
ence proceed to debate the views as to what constituted sovereignty, 
without determining the question of the renunciation, which had 
been the only matter of discussion in the conference of yesterday. 

In accord with the views of my associates, I opposed proceeding 
to the discussion of the second point until the first had been deter- 
mined. The discussion of the second point would include the ques- 
tion of the transmission of Cuban debts and obligations. 

In this state of affairs the American Commissioners proposed a 
continuation of the discussion of the former question at the next 
session. This was agreed upon, in view of the advanced hour. Said 
discussion will be held the 17th at 2 p. m. 

According to custom, immediately after the session I telegraphed 
the result to your excellency. 

Dios, etc., MoNTERO Rios. 

[Inclosure: Protocol No. 5, printed on page 44eisc'i/., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 



No. 30. 

T//e President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. 10.] F.\K\^, October ij, i8g8. 

The conference has just closed. The American Commissioners 
withdrew their previous project, presenting another more inadmis- 
sible than the former. It is limited to a literal reproduction of the 
first two articles of the protocol. We have reserved the right to 
answer with a new project and memorandum in the session to be 
held next Wednesday. I have received your excellency's telegram 
of to-day in regard to Oregon and lozaa, reenforcing the Manila gar- 
rison, and the cruel treatment of the prisoners by the Tagalos. We 
made verbal request of the American Commissioners that they inform 
their Government of our desire that these matters be corrected or 
remedied, so as not to augment the difficulties of the conference on 
account of the excited public sentiment produced by these occur- 
rences. The American Commissioners took cognizance of our 
request, offering to communicate with their Government and stat- 
ing that they shared our feeling. 

MONTERO Rfos. 



292 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 31. 

The President of the Spanish Peace Commission to the Mifiister of State. 

[Translation.] 

Paris, October j8, i8g8. 
Excellency: In addition to my telegram of yesterday, giving 
an account of the sixth conference, I have the honor to remit to 
your excellency the documents presented by the American Commis- 
sioners answering our arguments and proposing to substitute for 
the articles already presented the precise stipulations of Articles I 
and II of the protocol. 

Dios, etc., E. Montero Rigs. 

[Inclosure: Protocol No. 6, printed on page 51 et seq., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 



No. 32. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. II.] Paris, October ig^ i8g8. 

The conference appointed for to-day has been adjourned until 
next Friday. To-morrow I shall remit to your excellency the dis- 
patch mentioned in my former telegram. 

E. Montero Rigs. 



No. 33. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 12.] Paris, October 21^ i8g8. 

The conference was held, the Spanish Commission presenting a 
counter project of articles and the corresponding memorandum in 
their support, and setting forth the reasons which preclude accept- 
ance of the last American project. The American Commission 
reserved the right to examine the matter in order to answer in the 
next session, which will be held Monday, or later if the considera- 
tion of the documents requires more time. To-morrow I shall remit 
to your excellency the documents pertaining to this conference. 

Montero Ri'os. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 293 

No. 34. 
The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. II.] Madrid, October 21, i8g8. 

The letter No. 5 which your excellency directed to me, as well as 
that directed to the President, have been read this afternoon before 
the Council of Ministers, their contents receiving unanimous appro- 
bation. In case, as your excellency foresees, the American Com- 
missioners persist in their position, the best expedient, in view of the 
precarious state of the country — it being impossible to sustain new 
hostilities — would be to have recourse, as your excellency proposes, 
to a declaration setting forth the protest of Spain against the violence 
which is imposed upon her. As this would be the last resort to 
which we may appeal, as far as possible, in the good judgment of 
your excellency, it should be deferred to the last moment. I deem 
it difficult for the Americans to face the responsibility of an abrupt 
conclusion, which would merit before the world the qualification of 
brutal — above all, in treating the question submitted to debate 
to-day. To appeal to arbitration respecting the debts of Cuba is 
an advisable step for our plenipotentiaries to propose, once con- 
vinced of the impossibility of reaching an understanding. If the 
proposal does not give a result it will serve to augment the justice 
of Spain in this contention. Received telegram No. 12. 

Almodovar. 



[Confidential letter No. s, referred to in the preceding telegram.— Translation.] 

His Excellency Don Eugenia Montero Rios to His Excellency the Duke of Almoddvar 

del Ri'o. 

Confidential. Paris, October 18, iSgS. 

The United States demand of us the abandonment of the Antilles, and although 
their Commissioners said in the last memorandum that they consider it their abso- 
lute duty to protect legally those Spanish citizens residing there and their proper- 
ties, they do not desire to set it forth in the treaty, since the latter [their treaty 
draft], in that part referring to the Antilles, must contain only the first two articles 
of the protocol; so they say, however much may be your amazement upon reading 
it in their last memorandum. 

It may be fate that the treaty, refering to the Antilles, will have to be limited 
to those two articles, and as thbse provisions are already in the protocol it is 
evident that there is not even cause for the supposition that the American Com- 
missioners propose to execute any treaty between Spain and the United States in 
relation to the Antilles. 

It is fair to suppose that similar things will occur in respect to the Philippines. 
The United States will impose upon us their conditions, but will not favor us in 



294 SPANISH CORRESPONDENCE AND DOCUMENTS. 

anything. If this happens the treaty will be a singular deed in the diplomatic his- 
tory of peoples, because it will be reduced to one of the parties submitting itself 
unconditionally to the obligations and exigencies which the other imposes upon 
it, without the other on its part recognizing any right or making any concession. 

******* 

But between signing this treaty and, as a last resort, denying the demands of 
the United States there is a middle course, which, not guarding the interests, may 
at least save the honor and dignity of our country. This measure consists in 
replacing the treaty by an act which shall contain the demands which the United 
States makes on Spain, with a declaration of the absolute powerlessness of Spain, 
through lack of means to oppose said demands, and that Spain consequently cedes 
to force, granting that which the United States demands and protesting against the 
injustice and violence of said demands. 

I do not conceive how the United States, in view of this manifestation of Spain, 
can begin war again, because we accede to what is demanded, although we do not 
acknowledge the right of such demands and protest against their injustice. 

It is clear that the consequence of this would be the absolute and complete rup- 
ture of all kind of relations between Spain and the United States for an indefinite 
time, but in compensation it offers the advantage of saving our unfortunate coun- 
try from new disasters. 

******* 

In order to explain the measure which I take the liberty of proposing to you, 
it would be necessary to consider the following action, and this would be as fol- 
lows: After exhausting, without success, all means and proceedings which we are 
able to employ to arrive at an understanding, and when the rupture seems to be 
immediate and inevitable, to propose to the American Commissioners that, before 
the question in regard to the Antilles is definitely determined, they state the condi- 
tions they desire to propose regarding the Philippine Archipelago. Once knowing 
these conditions (if they are of the same character as those which they impose rela- 
tive to Cuba and Porto Rico), and if it also appears that such conditions are a defi- 
nite demand, then to proceed to execute the above-mentioned measure; refusing 
to sign the entire treaty, but offering to sign the above-mentioned act, and the 
Spanish Commission signing it and giving notification of it to the Americans, so 
it will appear officially that Spain, although violated by force, submits to the de- 
mands of the Cabinet of Washington. 

I do not know that I have expressed myself well and clearly, but you and His 
Majesty's Government certainly do not need more ample explanation to fully 
understand the matter. 

I must put an end to this letter, which only the terrible solemnity of the present 
moment can excuse. I do not know if this opinion of mine, which I hasten to state 
to you, is also that of the Commission. As soon as the two gentlemen who are ill 
recover, the six will confer, and, if those gentlemen think it best to set forth their 
opinion, I will at once communicate it to you. But as the moments press and a 
solution on the part of the Americans urgently threatens us, I beg that the Gov- 
ernment of His Majesty, after deliberating on the matter, will be pleased without 
loss of time to communicate to me the line of conduct the Commission shall follow. 
Yours, etc., 

E. MONTERO Rios 



SPANISH CORRESPONDENCE AND DOCUMENTS. 295 

No. 35. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 22^ i8gS. 

Excellency: I duly received the royal order of the i6th by whicli 
the Council of Ministers have had the kindness to unanimously 
approve the conduct which this Commission is observing in the 
course of the negotiations which have been intrusted to it. 

The plenipotentiaries who form this Commission, being informed 
of the royal order, acknowledge warmly this especial manifestation of 
the appreciation which His Majesty's Government has been pleased 
to show them, and charge me to beg that your excellency will please 
be the interpreter to the Ministers of these sentiments, to which I 
fervently unite my own. 

As I stated by telegraph to j^our excellency, a conference was had 
yesterday at 2 p. m. In it the American Commissioners stated that 
they had not received an answer from their Government in respect 
to the motion which I informed your excellency by telegraph this 
Commission had made in the previous conference relative to the 
reports of the reenforcement of troops at the Manila garrison, of 
the voyage of the Iowa and Oregon to those waters, and of the cruel 
treatment which the Spanish prisoners in the hands of the Tagalos 
continue suffering. These gentlemen stated that immediately on 
receiving an answer from the Cabinet of Washington they will com- 
municate with us. 

This brief incident being terminated, I had the honor to present 
a proposition, substituting the previous articles which the Spanish 
Commission had presented by those newly drawn up, accompanying 
said project by a memorandum in which was set forth not only the 
reasons why the Spanish Commission was not able to accept the sec- 
ond American proposition presented in the conference of Monday, 
the 17th, but also setting forth the reasons upon which we founded 
our counter proposition. 

A copy of above-mentioned project and memorandum accom- 
panies this dispatch. This Commission will be much pleased if they 
merit the approbation of your excellency and of the Government of 
His Majesty. 

Your excellency will observe that in the new articles drawn up 
there is only one difference of importance from those formerly pro- 
posed, namely, that of not excluding from the cession the patrimonial 
property of the State in the islands of Cuba and Porto Rico. 

We had included this exception in the first draft, comprehending 
at once the difficulty which its approbation presented; the more so, 
as, although this approbation might be given by the American 



296 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Commissioners, there would afterwards be difficulty regarding its 
execution, because it is very difficult, in the nature of things, to 
distinguish one kind of State property from another. Moreover, I 
took into consideration that Spain, in claiming the payment of the 
Cuban debt, had no real right also to reserve the dominion of the edi- 
fices and other property which might have been acquired with the 
proceeds of this debt or from the resources of the island. But we 
included this, well understanding that something of all that was 
claimed would necessarily have to be changed. For this reason we 
have thought it best to suppress it now, acceding to the objections 
of the American Commissioners, although without acknowledging 
any right that they had in making them. 

In other respects the new draft is like the former. 

In relation to that which pertains to the debt of the colonies, 
which is the concrete point of this first part of the treaty, we have 
not done more than to change the form, using a form which would 
be least likely to afford the American Commissioners pretext for not 
accepting it. 

Therefore, the same thought exists in all its integrity, even the 
thought of a mixed commission to appraise the sections of the debt 
which ought to pass to the charge of the colonies. 

I received also this morning your excellency's telegraphic dis- 
patch No. II, answering my confidential letter No. 5. The unani- 
mous approbation of the Council of Ministers, which your excellency 
had the kindness to communicate to me, confirms me in the opinion 
set forth in that letter, more powerfully than anything else could do. 

I will be guided strictly in my conduct by your excellency's sug- 
gestions in dispatch No. 11 until your excellency finds it convenient 
to transmit me new orders. 

Dios, etc., E. Montero Rigs. 

[Inclosure: Protocol No. 7, printed on page 53 et seq., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 

No. 36. 

The President of the Spanish Peace Cointnission to the Minister of State. 

[Telegram. — Translation.] 

No. 13.] Paris, October 24., i8g8. 

The conference has just closed. It continued four hours. The 
American Commission firm in its contention. Its attitude making a 
rupture imminent. It is 8 o'clock. The members of this Commis- 
sion have deliberated until this hour. The post left at 7. I will 
write your excellency to-morrow, giving you more detailed news. 

Montero Rios. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 297 

No. 37. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 25, j8gS. 

Excellency: In confirination of my telegram of last night I pro- 
ceed to give your excellency an account of the conference held 
yesterday in the Ministry for Foreign Affairs between the Spanish 
and American Commissioners. 

Mr. Day, the president of the American Commission, opened by 
declaring that the United States could not accept the articles of the 
treaty presented in the last session by the Spanish Commission on 
account of the stipulation in them of the payment of the Cuban 
debt, adding that, although the divergence between both Commis- 
sions consisted in this point, it was not only not possible to accept 
article No. 2, in which is proposed the measures to make effective 
the responsibility by means of an impartial commission, but that the 
United States would not accept this or any other article in which 
the United States either for itself or in the name of Cuba assumes 
any part of the debt of Cuba. 

Mr. Day added that notwithstanding this the American Commis- 
sion was disposed to add to the draft of the treaty an article by 
which the United States engages to guarantee and protect the lives 
and property of the inhabitants of Cuba during the occupation of 
the island, thus ratifying its previous declaration respecting this 
point. 

I then asked Mr. Day if on entering into the discussion of the 
articles presented by us he would be disposed to inform me what 
part of those articles the American Commission would be able to 
accept immediately. Mr. Day refused to inform me, alleging that 
the divergence in principles was such that it did not seem possible 
to him to either admit or discuss what was not pertinent to them. 
I believed I ought to insist upon the right which the Spanish Com- 
mission has that there appear in the proceedings the opinion of the 
American Commissioners regarding the articles presented by us, or 
their refusal to give it. 

After Mr. Day had expressed his desire that there should first of 
all be discussed the question of principle, and I having replied that 
this was also my desire, the discussion began, during the course of 
which I invoked not only some of the arguments set forth in the 
memorandum of this Commission in relation to this question, but 
also proceeded to amplify them, presenting to the consideration of 
the American Commission new and important precedents which 
history, from the remotest centuries until our time, offers us of 



298 SPANISH CORRESPONDENCE AND DOCUMENTS. 

international compacts, in which was acknowledged and solemnly 
sanctioned the principle that one part of the national debt — that 
which affects a territory — passes with the sovereignty of the nation 
which possessed it to the nation which by conquest or pact takes its 
place. 

I believe it useless to fatigue your excellency by reproducing here 
those concrete precedents which during two hours I had occasion 
to cite, as well as those arguments which I was able to bring 
decidedly in favor of the immutable laws of equity and of justice of 
international law as having an exact application to the present case. 

The American Commissioners strove once and again to amend 
my arguments, but they did not in reality answer any of them, 
until at last the hour advanced, and, everything substantial and 
pertinent I was able to allege on our part having been exhausted, 
the president of the American Commission stated that, as the presi- 
dent of the Spanish Commission had declared that the phraseology 
of the proposition was a matter of indifference so long as it con- 
tained the obligation stipulated in Article II of the project relative 
to the obligation as to the debt, he desired to be permitted to ask 
of the Spanish Commission the following: 

Do I understand the president of the Spanish Commission to say that the 
Spanish Commission would refuse to take into consideration any articles whatever 
of the treaty relative to Cuba and Porto Rico that do not contain something 
explicit in regard to the assumption of the debts by the United States or Cuba, or 

both? 

The importance of this question, which your excellency will 
appreciate as well as myself, induced me to say to the American 
Commission that it was not possible to answer it at that moment. 
Having asked more time (it being shown in the firmness of their 
manner the repugnance with which the Americans conceded it and 
the impatience this delay caused them) it was agreed finally to meet 
to-morrow — Wednesday — at 4 o'clock in the afternoon. 

As soon as this long session was closed, and when the American 
Commissioners had retired from the salon of the conference, the 
Spanish Commission convened in the same, and, stating to them 
the gravity of the situation and our powerlessness to remedy it 
with the means employed up to this time, 1 assured them that by 
the frankness and loyalty they had given evidence of during the 
negotiations I needed their opinion, for we ought not to leave the salon 
without reaching a decision consonant with tlie exigencies of the case. 

All were of this opinion, and, as a first decision, determined to 
telegraph your excellency, which was done. The debate continued 
as to the course which should be adopted, and it was definitely 
agreed that it was possible to subordinate the question of the Cuban 



SPANISH CORRESPONDENCE AND DOCUMENTS. 299 

debts to a settlement of the Philippine question — the more so, 
because the protocol left in this respect greater margin and more 
favorable grounds on which to negotiate for advantages, with hope 
of obtaining here the compensation which in regard to Cuba and 
Porto Rico the inflexible and conclusive protocol prohibited, accord- 
ing to the persistent views of the American Commission as to what 
was included in the abandonment of our sovereignty. 

I decided therefore to state to the Americans our purpose not to 
answer definitely the inquiry of Mr. Day until knowing their inten- 
tions regarding the Philippines; it was also agreed to try, before 
the meeting of the Commission, in a confidential manner, to obtain 
from the American Commission some idea of the kind of an answer 
we might expect to our proposition, and the methods and means 
were left to me. 

Dios, etc., E. Montero Rfos. 

[Inclosure: Protocol No. 8, printed on page 58, S. Doc. No. 62, part i, 55th 
Cong., 3d sess.] 



No. 38. 

The Ambassador of His Majesty iti Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, October 25, i8gS. 
In view of the attitude of the American Commissioners, which 
appears inflexible and of which this morning Senor Montero Rios 
has informed me, by an understanding with him I have just had an 
extended interview with the ambassador of the United States. V 
discussed the subject in all its bearings with General Porter, and I 
am obliged to tell you that if an understanding on the Cuban debt 
is not possible an agreement might be arrived at by the United States 
making concessions in regard to the Philippines. In this manner 
the negotiations would be carried on, not by. parts but as a whole, 
and it would perhaps be possible to obtain some compensation or 
understanding. General Porter will see Mr. Day at 10 o'clock 
to-morrow, and at 12 myself. I am not able to forecast what will 
be the result of this step, but I fear nothing, taking into considera- 
tion the firm attitude of Mr. Day. At all events, I believe, and have 
so stated to Senor Montero Rios, as well as to General Porter, that 
the breaking off of the negotiations to-morrow is not rationally pos- 
sible if the Spanish representatives answer the Americans that, in 
order to give a definite answer, they must know beforehand what 

the compensation to be obtained is. 

Leon v Castillo. 



300 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 39. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 13.] Madrid, October 26, i8g8. 

The captain-general of the Philippines reports the following to 
the Minister of War: 

Ii.oiLO, October 22. 

According to a dispatch received from Colonel Brandeis this morning, com- 
pany of infantry of Mindanao, the most substantial, warlike, and trustworthy of 
these native forces which fought in Panay and Antique with great bravery, re- 
volted last night, with those of Antique, passing to the enemy with arms and 
munitions. I am adopting measures to bring them, if possible, promptly to an 
engagement, but have information causing me to fear, with this example, the deser- 
tion of all the native troops, which I shall try to avoid; but your excellency knows 
the number of the Spanish troops. In spite of the grave situation, the Government 
may have assurance that I will maintain our flag in this territory at all costs. 

Almodovar. 



No. 40. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, October 26, i8g8. 
Continuing the exertions to which I referred in telegram of 
yesterday, I saw Whitelaw Reid last night, with whom I had a con- 
ference of three hours, and to-day saw General Porter. The same 
firm attitude in regard to the Cuban debt is maintained. Senior 
Montero Rios, to whom I gave an account of these conferences, 
read me the answer which he will give at the meeting this after- 
noon. It is drawn up in the terms I indicated to your excellency 
yesterday. It seems impossible to me that the question put in 
these terms will cause a rupture. Have just received advices that 
the Americans heard this afternoon the reply of the Spanish dele- 
gates. They proposed to suspend the session until to-morrow in 
order to study and answer it. 

Leon y Castillo. 



No. 41. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram. — Translation.] 

Madrid, October 26, i8g8. 
Have received two telegrams from your excellency sent last 
night — one in relation to the defeat sustained by the French Gov- 



SPANISH CORRESPONDENCE AND DOCUMENTS. 301 

ernment in the Chambers and the other referring to the state of the 
peace negotiations and the measures adopted by your excellency, 
by understanding with Senor Montero Rios, to avoid an immediate 
rupture. There is not sufificient explanation in the text of the tele- 
gram to make it possible to completely understand its contents. I 
beg your excellency to tell me if the Americans have asked delay in 
order to give a definite answer, which I suppose to be regarding 
the question of the Cuban debts (formulated by the Spanish Com- 
mission) — as to the compensation which should be obtained. It 
seems that this idea responds to what your excellency indicated in 
your letter No. 20 in relation to the negotiations for Philippine 
territory in compensation for Cuban debts. As in the telegram of 
your excellency you attribute the same idea to the Americans, I 
desire to know if they have brought forward this question, or if it 
has been by Mr. Porter, or raised by your excellency. 

******* 

Almodovar. 



No. 42. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 15.] Paris, October 26, i8g8. 

The conference has just closed. In it we made a written reply 
to the peremptory question presented also in writing by the Ameri- 
can Commissioners in the last session. Contrary to what I had 
reason to fear, the Anierican Commissioners asked that the session 
be adjourned in order to study our answer to their question. The 
new conference will be held to-morrow at 2 p. m. I will write your 
excellency by to-morrow's post. 

Montero Rios. 



No. 43. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram. — Translation.] 

Paris, October 2y, i8g8. 
Supposing that Montero Rios had given your excellency an ac- 
count of the last deliberations of the Peace Commission, I did not 
think it necessary to inform you of the attitude of the Americans, 
which consists in encouraging the renunciation on the part of Spain 
of the sovereignty over Cuba, the latter remaining free of all debts. 



302 SPANISH CORRESPONDENCE AND DOCUMENTS. 

As our refusal, in their opinion, will signify a rupture, by under- 
standing with Montero Rios I proposed to the ambassador of the 
United States that the question of debt remain in suspense, in order 
to accept or refuse the proposed solution, according as we obtain 
compensation in other articles of the treaty — particularly, in those 
relative to the Philippines. I believe that with this explanation 
your excellency will understand my last telegram. 

Leon y Castillo. 



No. 44. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 27, iSg8. 

Excellency: On leaving the conference yesterday, which was 
held at 4 p. m.. continuing to almost 6, I telegraphed your excellency 
the result. 

Your excellency knows from my former dispatch that the Ameri- 
can Commissioners, near the close of the session of the 24th, formu- 
lated in writing a question the text of which I remitted to your 
excellency, the object of which was to force the Spaniards to answer 
categorically whether or not they were disposed to approve the arti- 
cles relative to the renunciation and cession of the sovereignty of 
the Antilles, without mention of the transmission of the colonial 
debts. Your excellency also knows that, in view of this question — 
which is tantamount to an ultirnatum, with imminent danger of 
rupture of the negotiations, and in consequence the probable renewal 
of hostilities — I convoked, immediately after the termination of that 
conference, the members of the Spanish Commission, in order to 
deliberate upon the line of conduct to be followed. 

The American Commissioners had not taken into consideration, 
and had not considered as sufficient, the answer I had given at the 
time to the question of their president — that is to say, that the 
Spanish Commission was not able to reply categorically to the ques- 
tion made, because its definite resolution would depend upon other 
stipulations which the treat}^ would contain. 

In such a strained situation I went to see our ambassador and 
informed him of the matter, and suggested to him the utility of his 
having an interview with the ambassador of the United States, mak- 
ing clear to him the imminence of a rupture, the unjustified position 
of the American Commission, and the unenviable situation of the 
United States before the world if the conflict were renewed on such 
grounds. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 303 

The ambassador received my proposal with the greatest interest 
and went immediately to see the American ambassador, who, recog- 
nizing the importance of the communication, offered to talk yester- 
day morning with the president of the American Commission and 
afterwards to give an account of the result of his conversation. 

This was done, the ambassador expressing regret that he could 
not convince said president, and therefore according to his Judg- 
ment the rupture was imminent if the Spanish Commissioners did 
not accede to the plan proposed by the president of the American 
Commission. 

The Spanish ambassador had the kindness to come immediately 
to communicate to me this regrettable opinion of the representative 
of the United States, and I then read the written answer to the 
American question which the Spanish Commission intended to give 
in the session of yesterday. It met with his approbation. 

In this condition of affairs the conference opened at 4 p. m., and 
I presented in writing said answer, which is shown in the protocol 
inclosed and which previously had received the approbation of my 
worthy associates. 

My expectations concerning the effect of this answer up to this 
time are not disappointed, as the American Commission, notwith- 
standing that their interpreter translated at the time into English 
the answer as read, proposed to adjourn the session until to-day in 
order to study more attentively the document which had just been 
read, and at 2 in the afternoon the conference would again convene. 

I believe the situation to which we have at last arrived is im- 
pregnable, and that we will be able to force them to declare their 
intentions regarding the Philippine Archipelago. 

If after a discussion of this second important phase some com- 
pensation is not made for the Cuban debt, and if, in addition to this 
injury inflicted on Spain, the United States should demand their 
claims regarding the Philippine Archipelago, I will propose to the 
American Commission a suspension, for the purpose of consulting 
His Majesty's Government, and in the meantime I will call together 
the Spanish Commission and solicit their opinion on the subject, 
showing the Commission (for until now I have not done so) the 
instructions of His Majesty's Government accepting the proposal 
which I had the honor to make in confidential letter No. 5, addressed 
to your excellency the i8th of the month, and I will at once com- 
municate to you the opinion of my worthy associates, to ascertain 
if the Government in its wisdom would desire to modify the instruc- 
tions given me. If those instructions are confirmed, I will work on 
their bases, since I am still of the mind that it is the only road which 
prudence, combined with dignity, leaves Spain in facing a conqueror 



304 SPANISH CORRESPONDENCE AND DOCUMENTS. 

who would overthrow in this case the most elementary and sacred 
precepts of justice. 

As the memorandum last presented by the Spanish Commission 
(a copy of which I send your excellency) provided for the right to 
amend and amplify it, according as it was thought best after the 
oral discussion, and as was agreed upon in the conference of the 
24th instant, I added to the same the three paragraphs marked in 
the margin with red pencil in the new copy I send your excellency, 
hoping that it will meet with your approbation. 

With regard to the most important, the mortgage debt of Cuba, 
the thought came to me to leave to be satisfied in the future, if 
confronted by the United States and her creditors, the right of Spain 
not to respond to that debt, except in a subsidiary manner; and then 
only in so far as the principal debtor, or the holder of the taxes 
pledged, may be insolvent. This saves the right of our country, 
yet leaves entire her liberty to place her obligations elsewhere if the 
circumstances or considerations of government so advise in the future. 

On the other hand the paragraph added was also intended to 
give notice to the United States that for the United States to gain 
their ends there are more obstacles than those which Spain pre- 
sents, inasmuch as they will have to reckon with the claims of the 
holders of the mortgage debt. 

Last night I received the copy of the telegram from General 
Rios which your excellency was pleased to communicate to me, 
giving notice of the desertion of part of the native forces. This 
event is certainly not favorable to the efforts this Commission is 
making, and its inopportunity is very marked. 

This Commission nevertheless will continue struggling with all 
these misfortunes, unshaken in its design to save from shipwreck 
the interests and, to the last, the dignity of the country. 
Dios, etc., 

Eugenic Montero Rigs. 

[Inclosure: Protocol No. 9, printed on page 60, S. Doc. No. 62, part i, 55th 
Cong., 3d sess.] 

No. 45. 
The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 16.] Paris, October 27, i8g8. 

To-day the conference was held with a result relatively satisfac- 
tory to what was expected. The American Commissioners agreed 
that the approbation of the articles of the protocol relating to Cuba 
and Porto Rico without mentioning in them the colonial debts 



SPANISH CORRESPONDExNCE AND DOCUMENTS. 305 

should be conditional, we Spaniards reserving the right to dwell 
opportunely upon such debts during the discussion of the treaty, 
and they proposed to present in the next conference their proposi- 
tions in relation to the Philippines, acceding entirely to our propo- 
sition of yesterday. 

They agreed also that it would be set forth in the treaty that the 
cession of Porto Rico is in payment of the expenditures of war and 
damages suffered by American citizens in the last Cuban insurrec- 
tion. They ask that a new conference be not held until Monday, in 
order to present at that time their Philippine proposition. I will 

write by to-morrow's post. 

MONTERO Rfos. 



No. 46, 
The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, October 28, i8g8. 

Excellency: As I have manifested to your excellency by tele- 
graph, conference No. 10 was held yesterday. 

The American Commissioners did not insist that we answer 
categorically and definitely their question regarding the debt of 
Cuba, the which resulted in conformity to our written answer of 
the day before. Their comportment was on the same basis during 
all the session. 

They asked us if we found it inconvenient to approve, although 
it might be in a provisional manner, their proposition in regard to 
the first two articles of the treaty, which, as your excellency knows, 
are a reproduction of the first two articles of the protocol of 
Washington. I at once answered that in accordance with what is 
set forth in the answer in writing on this point, which the Spanish 
Commissioners had presented in the- preceding conference, we had 
no objection to accepting these articles conditionally — that is, with 
the provision that their definite acceptance on our part would depend 
upon the other stipulations made in the treaty; adding that on 
account of the resemblance which the first article of the second 
American proposition had to the first paragraph of the second Span- 
ish proposition there was sufficient reason why we would not find it 
inconvenient to give our provisional approbation. But I said that 
we reserved the right to present during the conference (if we con- 
sidered it desirable), as a draft for an article, the second paragraph 
of the first of ours, if it was not approved, and we said the same in 
regard to the second paragraph of article 2 relative to the colonial 
obligations. 

s D c 20 



306 SPANISH CORRESPONDENCE AND DOCUMENTS. 

They agreed to our answer, so that the question relative to the 
Cuban debt is now suspended, the American Commission not having 
succeeded up to this time (in spite of their demands) in inducing 
the Spaniards to desist from insisting that the debt shall remain to 
the charge of the colonies. 

They asked us afterwards if we objected to accepting the article 
of their first draft relative to the delivery of the archives and papers. 
We answered that as there was little difference between the articles 
of the drafts of both Commissions in regard to this detail we saw 
no objection to proceeding to a comparison and discussion of both 
in order to come to an agreement as to the slight differences which 
might exist between them. 

This being accepted by the American Commission, their president 
proposed that we commit this work to the two general secretaries of 
both Commissions, they to submit to the approbation of theconference 
the draft of articles agreed upon. We accepted this proposition. 

I thought it best to ask them if they were disposed to admit as 
an amendment to article 2 of their project, or in another, a pro- 
vision that the cession of Porto Rico and other islands of the 
Caribbean Sea, and of Guam in the Marianas, was in payment of 
the expenses of the war and an indemnification of the prejudices 
which American citizens had suffered in the last Cuban insurrec- 
tion. After a slight discussion they replied that this might be stated 
in the treaty. 

As they said nothing regarding the request contained in our 
written answer presented in the last conference — that they present 
at once their proposition in relation to the Philippine Archipelago — 
we asked them again yesterday that they make it. They replied 
that they were disposed to do so, but were not able to make the 
proposition at this time, and suggested that the session adjourn 
and in the next conference, which will be held Monday, the 31st, 
their proposition would be presented. This was agreed to. 

As your excellency will observe, it has been brought about at last 
that they accept the course which reason, good order of discussion, 
and perhaps mutual convenience, at least the conveniece of Spain, had 
lately counseled us to present in the aforesaid written answer, namely, 
to subordinate the question of the Cuban debt to the understanding 
we may arrive at regarding the Philippine Archipelago, because, 
perhaps, in this understanding Spain may be able to obtain advan- 
tages sufficient to compensate her for assuming all or part of the 
Cuban debt; and if this does not happen, we will still be in a 
position to continue to maintain our evident right (which we have 
not waived a particle) that the debt pass with the colonies. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 307 

I believe this dispatch will convey to your excellency and to His 
Majesty's Government an agreeable impression, because the result 
has been to continue to maintain the position which, from the com- 
mencement, the Spanish Commission has held regarding the colonial 
debt, the American Commission recognizing the unreasonableness of 
their proposition that our position with regard to the colonial debt be 
withdrawn merely on their demand. At present all depends upon 
the question relative to the archipelago. 

It is probable that they have asked an adjournment until Monday 
in order to receive instructions from their Government. 

I inclose with this dispatch a copy in English and another in 
Spanish of the answer the American Commission made to our last 
memorandum in yesterday's session. 

This is all I can state to your excellency to-day. 
Dios, etc., 

E. MONTERO Rios. 

[Inclosure: Protocol No. 10, printed on page 93, S. Doc. No. 62, part. i. 55th 
Cong., 3d sess.] 



No. 47. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 17.] Paris, October 31^ i8g8. 

From reliable sources I hear steps are being taken in Cuba to 
transfer to Spain the general archives of the island. As disposition 
and delivery of said archives are the subject of an article of the 
treaty now pending, I call the attention of your excellency to the 
gravity of disposing of them without observing the terms which are 
stipulated and pray your excellency that you will have the proceed- 
ings, which might be interpreted as a lack of good faith on the part 
of Spain, suspended. 

MoNTERO Rl'OS. 



No. 48, 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 18.] Paris, October 31, i8g8. 

Conference was held to-day. The American Commission pre- 
sented proposition demanding cession of the whole Philippine 
Archipelago. We reserve the right to reply at the next confer- 
ence, Friday, November 4. 

Montero Rios. 



308 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 49. 

The Minister of State to the Freside?it of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 15.] Madrid, October jr, i8g8. 

Received telegram No. 18. Will your excellency please send by 
telegraph concise extract of the American proposition demanding 
cession of Philippines, in order that it may be placed before the 
Council of Ministers, which will be held to-morrow (Tuesday) in 
the afternoon. I should inform your excellency that the French 
ambassador, through me, delivered to the President of the Council 
of Ministers (under instructions from his Minister for Foreign Affairs) 
a statement of the holders of the Cuban debt, urging considera- 
tion of their rights in conformity with the guaranties in said debt. 
The French ambassador informed me that the American Commis- 
sion would receive from his Government due notice. I send you by 
post the referred-to statement which will be of importance in sup- 
port of the doctrines sustained by us in the deliberations of the 

Peace Commission. 

Almodovar. 



No. 50. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 19.] Paris, November 7, i8g8. 

Received this morning your excellency's telegram No. 15. Amer- 
ican proposition of yesterday states: 

Spain by this article cedes to the United States the archipelago known as the 
Philippine Islands, situated between the following lines: (Here follows the longi- 
tude and latitude, according to the meridian of Greenwich, in whose perimeter is 
comprehended the archipelago). Appropriate statement may be inserted in the 
articles of treaty of the proposed cession in regard to the public property, archives, 
and notarial documents in the territory which Spain cedes, or the sovereignty of 
which is renounced. The American Commissioners agree, besides, to state that 
they are disposed to insert in the treaty a stipulation by which the United States 
will assume any debts of Spain contracted for public works or benefits of a pacific 
character in the Philippines. 

By the post of to-day I remit "your excellency a full copy, and 
write you confidentially and ofificially. I am informed as to the 
remonstrance of the French holders of the Cuban debt. I am 
pleased at the intervention of the French Ministry, of which I also 
had due notice. 

MONTERIO RiOS. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 309 

No. 51. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 16.] Madrid, November /, i8g8. 

I beg you give me the degrees of longitude and latitude which 
include the territories demanded by the American Commission. 

Almodovar. 



No. 52. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 20.] Paris, Novemt?er /, i8p8. 

Received telegram No. 16. The territory is bounded in the fol- 
lowing manner: "A line running along the parallel of latitude 21° 
30' north from the iiSth to the 127th degree meridian of longitude 
east of Greenwich; thence along the 127th degree meridian of longi- 
tude east of Greenwich to the parallel of 4° 45' north latitude; 
thence along the parallel of 4° 45' north latitude to its intersection 
with the meridian of longitude 119° 35' east of Greenwich; thence 
along the meridian of longitude 119° 35' east of Greenwich to the 
parallel of latitude 7° 40' north; thence along the parallel of latitude 
7° 40' north to its intersection with the ii6th degree meridian of 
longitude east of Greenwich; thence by a direct line to the inter- 
section of the loth degree parallel of north latitude with the 118th 
degree meridian of longitude east of Greenwich; and thence along 
the 118th degree meridian of longitude east of Greenwich to the 
parallel of latitude 21' 30° north." 

The demarkation does not comprise either the Marianas or Caro- 
linas. Have asked of the embassy here our boundary treaty with 
Japan to ascertain if the limits to the north fixed in the American 
proposition touch the waters of Japan according to said treaty. 

MoNTERio Rigs. 



No. 53. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 17.] y[.\v>K\-D^ November 2, i8qS. 

Received telegram No. 20, and I note that the American demand 
comprehends not only the Philippine Archipelago, but also Visayas, 



3IO SPANISH CORRESPONDENCE AND DOCUMENTS. 

Paragua, Jolo, Mindanao, and even Batanes and Babuyanes. Such 
I demand, and the form in which it is made, exceeds the greatest 
I extreme imaginable in the claims of the United States. Your Com- 
I mission, as well as the Government, will certainly form a similar 

judgment in regard to it. The Council of Ministers did not meet 

yesterday. I have given an account of your excellency's telegram 

to the President. 

Almodovar. 



No. 54. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, November 7, i8g8. 

My Dear Sir: This morning I received and have just translated 
your excellency's telegraphic dispatch No. 15, answering mine of 
yesterda}^ in which I gave an account of the conference then just 
concluded. 

I have answered by telegraph, transmitting literally to your excel- 
lency the proposition presented yesterday by the American Commis- 
sion, and I send inclosed a copy of the protocol. 
■ Truly the said proposition, which is wholly outside the protocol 
; of Washington and in contradiction to its provisions, causes amaze- 
ment, because, as it is drawn, it is equivalent to proposing to Spain 
that she present to the United States the Philippine Archipelago, 
doubtless as a demonstration of our gratitude for its course in the 
, Cuban question. 

Next Friday we will make written reply, so that it may form 
part of the general protocol of the conferences, and, without preju- 
dice, summarily set forth in it what we understand the dignity and 
interest of our country demand. I begged your excellency in the 
telegram (and repeat in this dispatch) that you on your part will 
please telegraph me positively the final instructions of the Govern- 
ment, as you may desire us to add to or modify the answer which is 
inspired by our convictions and sentiments. 

It may be supposed that the powers of Europe, especially Eng- 
land, Germany, and Russia, will be surprised at such an enormous 
demand of the American Government, which will not be found very 
much in harmony with the interests of each in the extreme Orient. 
******* 

Dios, etc., E. Montero Rigs. 

[Inclosure: Protocol No. 11, printed on page 107 et seq., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 



SPANISH CORRESPONDENCE AND DOCUMENTS. 3II 

No. 55. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 2 1.] Paris, November 2^ i8g8. 

We do not find in the embassy the treaty with Japan of August i, 
1895, in regard to boundaries. I beg your excellency to please send 
the Gazette which contains it, and immediately telegraph me the 
number and year of said Gazette, so we may search here. 

MONTERO Ri'os. 



No. 56. 

The Mitiister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 18.] Madrid, November 2, i8g8. 

Declaration of Japanese boundaries of August 7, 1895, was not 
published in the Gazette. Was printed in the Boletin of Ministry 
of State August, 1897. I send by to-day's post a copy. 

Almodovar. 



No. 57. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, November 2, i8g8. 
The ambassador of the United States, with whom I have talked 
at length, told me that the American Commissioners had received 
positive instructions to demand the cession of the Philippines; 
that it was agreed in the beginning to give Spain a compensation. 
What has not been determined (as he added) is the amount of the 
compensation. This will be fixed upon by the delegates. My views 
are the same as I communicated to your excellency at the beginning 
of the peace negotiations. The intention of the Americans is to 
deny the Cuban debt and purchase the Philippines for the least sum I 

possible. , ^ 

Leon y Castillo. 



No. 58. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 19.1 Madrid, November j, i8g8. 

Considering it necessary to have the text of dispatch No. 30 
of your excellency, in order to intelligently meet the situation, I 



312 SPANISH CORRESPONDENCE AND DOCUMENTS. 

have waited until this moment to give telegraphic answer, as your 
excellency asked in your telegram No. 19. The Government thinks, 
as does your excellency, that the Americans, in demanding the ces- 
sion of all of the archipelago, with the exception of the Carolinas 
and remainder of the Marianas, are attempting to open a negotia- 
tion to acquire them by means of a pecuniary compensation to 
Spain, it being possible that there is a purpose to reduce said com- 
pensation to the smallest sum possible. According to the judgment 
of the Government, the renunciation of sovereignty in those terri- 
tories is not deemed advisable; on the contrary, we should make 
every effort to preserve it in order to dispose of them afterwards in 
the form that may be deemed most to the public interest. The 
maintenance of this principle conforms to the letter and spirit of the 
protocol, and accordingly the first position of defense should be 
the execution of what is stipulated in that preliminary agreement, 
demanding that the United States present their propositions within 
the limits of the common understanding set forth in that document. 
It is nevertheless not presumable, their excessive claims being known, 
that the American representation will be withdrawn. In case a nega- 
tive is deemed probable, a second line of defense may be under- 
taken, on the basis of Spain contracting the renting of these colonies 
to development companies, under conditions which safeguard all 
interests. If the United States responds to this second answer of 
Spain with a negative, insisting upon the cession in their favor, it will 
be timely to demand a suspension in order to consult the Spanish 
Government in regard to the proposal. When the Spanish Com- 
mission finds itself completely outside what was stipulated, they 
should rejoice in not having instructions. Meanwhile, we shall see 
if the American elections by new conditions change the aspect of 
the negotiations. Through our ambassador you will have notice 
of other steps being taken. 

Almodovar. 



No. 59. 

The Minister of State to His Majesty's Ambassador in Paris. 

[Telegram. — Translation.] 

Madrid, November j^ i8g8. 
In the telegram of to-day to Senor Montero I communicated to 
him the impressions of the Government regarding the method of 
continuing the negotiations relative to the Philippines. I set forth 
three alternatives: First, to demand the strict compliance of the 
protocol, maintaining the sovereignty of Spain and her right to dis- 
pose of the archipelago subsequently as her interests may advise; 



SPANISH CORRESPONDENCE AND DOCUMENTS. 



v)M 



second, this not being admitted, as it assuredly will not be, to propose 
cession in the way of lease to development companies, combining 
satisfactory bases for all concerned; third, the second proposition 
being also refused, and the Americans insisting upon cession in their 
favor, the Spanish Commissioners to suspend sessions in order to 
receive instructions from their Government. By means of these 
alternative propositions we shall be able to continue [the negotia- 
tions] during the month until we see if the horizon improves. I 
consider, as does your excellency, that the intention of the Ameri- 
cans is to annex everything of value in the colonial empire of Spain 
with the least sacrifice possible, and we should exert ourselves to 

prevent this. 

Almodovar. 



No. 60. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 22.1 Paris, November 4, i8g8. 

Conference held. We presented counter proposition, contending 
with the American Commission and asking that they present another 
proposal in conformity with paragraph 3 of protocol, and besides 
that there be provided in treaty the immediate liberty of garrison, of 
Manila; restoration of the place, public properties, and public funds 
captured and collected, with obligation to indemnify Spain for 
damages suffered by the taking of Manila and acts of American 
authorities. After informing themselves of our proposition (trans- 
lated into English) they asked time to decide, and proposed that 
a new conference should be held Tuesday, the 8th. Second line of 
defense in telegram of your excellency received last night gave 
grounds for observations and doubts on the part of [our] Commis- 
sion, which I will explain in dispatch to-morrow, strongly urging 
upon your excellency telegraphic answer to the same, as it is urgent. 

MONTERO RiOS. 



No. 61. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, November ^, i8g8. 

Excellency: Not receiving day before yesterday in the early 

evening the instructions of your excellency, I devoted myself, on 

account of the pressure of time, to drawing up a proposition, 

endeavoring to demonstrate in it the lack of foundation for the 



314 SPANISH CORRESPONDENCE AND DOCUMENTS. 

American claim for the cession of the Philippines, and besides the 
plain right Spain has to demand of the United States not only 
the liberty of the Manila garrison, but the return of the place on the 
signing of the treaty of peace; as also the restitution of the public 
funds seized by the American military authorities, the taxes col- 
lected, and the payment of an indemnification for the damages which 
the taking of Manila and its consequences occasioned Spain. 

At 10 o'clock at night, after this document had been drawn up, 
I received your excellency's telegram No. 19, in which you are 
pleased to give me for this Commission instructions relative to the 
Philippines. It arrived opportunely, for I had thought to conclude 
my work by stating to the American Commission that, although 
their proposition was not admissible, on account of being contrary 
to what is agreed in the protocol, if the United States was desirous 
of acquiring the Philippine Archipelago, it would be proper to pre- 
sent any points desired for free discussion and acceptance or rejec- 
tion by the Spanish Commission as might seem to be to the advantage 
of our country; and that although the protocol binds one of the 
parties to heed what the other desires to reserve, the two have per- 
fect right by common agreement, if they may so desire, to modify 
any of the clauses of the protocol. The telegram of your excel- 
lency caused me to suppress this last part of my document. 

In it, as your excellency will see by the copy attached, which I 
inclose, I have tried to demonstrate to the American Commission the 
injustice of their pretensions; especially that Spain could not agree 
to anything having for its object the diminution, or much less the 
disowning, of the rights of the mortgage creditors of our colonial 
debt, and the perfect right which Spain has to make claim upon the 
United States in consequence of what was done at Manila by the 
army, as I have just indicated to your excellency. 

This document being drawn up, I informed my worthy colleagues 
of its contents, to which they were pleased to give their approbation. 

As agreed upon, the conference was held yesterday at 2 p. m. 
The Spanish Commission stated that they were not able to accept 
the American proposition, and presented the referred-to document. 
The American Commissioners immediately asked that it be trans- 
lated into English by their interpreter, and, the translation having 
been made, they said it would be necessary to make a careful study 
of it, and proposed that the session be suspended until the 8th, 
which was agreed to. 

This proposal is a further indication for me to continue believ- 
ing that the American Commissioners are not allowing the near 
date of the general elections in the United States to regulate their 
course. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 315 

The conference terminated, I informed my worthy colleagues of 
the last telegram of your excellency, and after mature deliberation 
it has been agreed to call the urgent attention of your excellency 
and of His Majesty's Government to that which your excellency was 
pleased to advise as a second alternative in case the American Com- 
mission persist in demanding the cession of the archipelago. 

Your excellency was pleased to instruct us, in such a case, that 
we propose to the American Commission, as a second line of defense, 
the leasing by Spain of the Philippine Archipelago to a development 
company under conditions which would leave in safety all interests. 

Your excellency must permit me to say for myself and my 1 
worthy associates that according to our judgment this proposition 
presents a great danger. If Spain proposes to the United States 
the leasing of the archipelago to a development company, she 
impliedly acknowledges her own incapacity to administer her colony ; 
and this admission, although inferred, is one reason more for fear- 
ing that the American Commission will avail of it in order to insist 
upon the cession of the sovereignty of Spain in the Philippine 
Archipelago. 

On the other hand, if the United States has formed the resolu- 
tion to acquire said archipelago, they surely will not abandon it 
for a proposition similar to this, which for them offers no advan- 
tages of any kind. 

Added to this, even if the American Commission agree that the 
matter be discussed, it is natural that they inquire concerning the 
development company to which Spain is to transfer the archipelago 
by lease, the conditions of said lease, and the advantages to accrue 
to the United States. 

Besides, as the protocol provides for discussing in the conference 
of Paris all that refers to the control, disposition, and government 
of these islands, under these three points are included exigencies 
which may demand conditions making it impossible for any company 
to accept the lease your excellency refers to. 

These are the conclusions of our Commission, and with their 
opinion I am fully in accord, deducing from the considerations 
which I thus briefly indicate to your excellency that such a propo- 
sition, besides immediately presenting to all appearances a plan that 
will be refused by the American Commission, might offer danger in 
the defense of the rights of Spain, weakening the present situation, 
which could not be more solid in that which regards the conserva- 
tion of our sovereignty in the archipelago. 

The Commission charges me (and I beg of your excellency) to ask 
that you will please (in view of what I have had the honor to say) 



o 



l6 SPANISH CORRESPONDENCE AND DOCUMENTS. 



give me by telegraph your definite instructions in regard to this 
matter, in the event that in the coming conference of Monday we 
shall be obliged to adopt a settled line of action. 
Dios, etc., 

E. MoNTERO Rigs. 

[Inclosure: Protocol No. 12, printed on page 109 et seq., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 



No. 62. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 2 2.] Madrid, November 7, i8g8. 

The Council of Ministers convened this afternoon to consider 
your dispatch No. 31. In view of the observations which you and 
the Commission have been pleased to make regarding the instruc- 
tions set forth in telegram 19, our decision is to suspend all definite 
action until the reply of the Americans to the proposition presented 
by your Commission in the conference of Friday. When that con- 
ference is held I beg 3^ou to telegraph extracts of the reply to the 
first part of the second conclusion of the Spanish proposition. If 
our interpretation of the third base of the protocol is admitted by 
the American Commissioners — that it solely concedes to the United 
States the authority to concert reforms in the Philippines without 
impairing the sovereignty — this would offer an immediate solution 
which otherwise might not be possible. On this account the Gov- 
ernment deems it necessary to know the attitude of our adversaries 
before finally making up its mind, although it has little hope of the 
admission of our first attitude. I should add, supplementing my 
telegram of this evening, that the interference of European interests 
in the questions under debate is not impossible. In any case, if the 
answer of the Americans is invested with the character of an ulti- 
matum or contains an offer of pecuniary compensation for the cession 
of the archipelago, you will ask a suspension in order to receive 
instructions from the Government, alleging that it was not possible 
to foresee the demand, and therefore the Commission has not 
received instructions as to how to answer it. 

Almodovar. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 317 

No. 63. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 23.] Paris, November S, i8g8. 

Received this morning your telegram No. 22. Tlie American 
Commission has just asked that the conference be postponed until 
4 p. m. I answered, suggesting that it be delayed until to-morrow, 
or until a later day, according to their desires. On the supposi- 
tion that the conference will be held to-morrow I beg you to tele- 
graph me. 

MoN'lERO Rios. 



No. 64. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 24.] Madrid, A^ov ember 8, i8g8. 

The captain-general of the Visayas reports the following to the 
Minister of War: 

Concentrated all the forces of Antique and Iloilo, sustaining various engage- 
ments in which the rebels had considerable losses, with few on our part, under 
complete order, without loss of arms or effects. In Passi, 22 men, with Sergeant 
Aquilino Martin Gomez (for whom I ask of your excellency promotion to second 
lieutenant), defended themselves three days against large bodies of rebels, until 
succored by three relief columns. The insurgents advanced large bodies, taking 
possession of the towns near by this capital, which I recovered next day, driving 
the enemy to a distance and adopting means for the defense of Iloilo. Reenforced 
capital of the Province of Antique with infantry and the gunboat Elcano. No 
change at Capiz. In Cebu there are a number of parties. Communication cut. 
According to cable just received, the island of Negros is in insurrection. Ordered 
governor to concentrate forces, defending himself in capital of the province, and 
reenforced him with 60 men. Nothing new in the rest of the archipelago. All the 
parish priests ask permission to retire to Manila, which I have granted. Employees 
of cable company ask to leave their stations. Will try to attend to the more urgent 
matters by boats. As previously advised by Otis and Dewey, the cruisers Charles- 
ton and Concord arrived yesterday with white flag. The commanders stated the 
object of their voyage to be to salute me courteously in the names of those generals 
and ask the opening for the coasting trade of two ports in Samar and one in Leyte, 
which I conceded, reserving the approbation of the Government under guaranty to 
not import anything likely to alter the public order, and by Spanish or American 
captains. They said they would shortly remit inventories which your excellency 
indicated, expressing regrets on account of circumstances for not having saluted 
the place, and invited me to visit the Charleston, so as to then do the honors which 
they desired. I answered that I was obliged but was prevented by the laws of the 
Indies, but that the chief of my staff would go in my name. This was done this 
morning, and after the reception, at his departure, our flag was run up on the 
Charleston and saluted with 21 cannons, which, in spite of having surprised me 



3l8 SPANISH CORRESPONDENCE AND DOCUMENTS. 

after what had been said, was answered punctiliously from Cotta by two pieces of 
mountain artillery I had there. Received this morning cable of your excellency. 
Sent verbal message in proper form by commander of Charleston to General Otis 
regarding what your excellency indicates, although I believe it difficult to bring 
troops here on account of the American Government not acceding to the efforts 
General Jaudenes said he had made. Native troops continue deserting, but, on 
account of precautions taken, are without arms. 

Rios. 

Almodovar. 



No. 65. 

The President of the SpanisJi Peace Commission to the Afiuister of State. 

[Telegram. — Translation.] 

No. 24.] Paris, November p, i8g8. 

Received telegrams Nos. 22 and 24. A session was held to-day 
in which the American Commission presented a very long memoran- 
dum in English. Session adjourned until Saturday, when we will 
reply, if possible. They absolutely refuse all our propositions, 
insisting upon the cession of the archipelago. Their arguments are 
very weak. I will send your excellency a copy of the document. 
I beg your excellency to have the kindness, if possible, to give me 
by telegraph the instructions asked in relation to what is said in our 
last proposition about the mortgage debt of Cuba and the Philip- 
pines, and anything else your excellency may consider opportune. 

MoNTERo Rigs. 



No. 66. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 25.] Paris, November 10, i8g8. 

I urgently beg your excellency to send me immediately, if possi- 
ble, by the post of to-day all the notes which passed between the Gov- 
ernments of Madrid and Washington from August 12 until to-day. 

MONTERO Rios. 

No. 67. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 25.] Madrid, November 10, i8p8. 

The documents asked for by your excellency leave by to-night's 
post. 

Almoduvar. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 319 

No. 68. 

TJie Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 26.] Madrid, N'ovember 10, iSg8. 

Answering your telegram No. 24 in regard to the request for 
instructions from the Government relative to what is set forth by 
our Commission in the last proposition presented to the Americans 
concerning the mortgage debts of Cuba and the Philippines, I have 
the honor to give your excellency the decision of the Council of 
Ministers at the meeting of yesterday. The grounds for opposing 
the American demands contained in the arguments of our plenipoten- 
tiaries are the same as those which the Council of Ministers hold — 
that Spain is not able in any case to accept responsibility for the colo- 
nial mortgage debts, except to the extent which the conditions of the 
creation of said debts oblige. Therefore, if the Americans refuse 
all stipulations respecting the debt of Cuba within the principles 
set forth by us, the Commission will declare that the right is reserved 
to treat with the definite government of that island, solemnly declin- 
ing all responsibility as to the claims of the creditors of said debt 
which may arise. The Government approves the firmness with which 
your Commission maintains the sovereignty of Spain in the Philip- 
pines, and does not find any reason for receding from this attitude. 
Force, alone, which we can not resist, would oblige us to submit to 
the loss, but not until exhausting every other means to guard our 

rights. 

Almodovar. 



No. 69. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. 26.1 Paris, November u, i8q8. 

Received last night your telegram No. 25, announcing the for- 
warding of communications since the protocol. I beg your excel- 
lency to also send the correspondence prior to the protocol, since 
July 22, showing letter of Day to Cambon, sending him protocol 
August 10, because your extract in Cambon's dispatch of August 
II does not suffice. In the Spanish Commission meeting last night 
it was agreed to call the attention of your excellency to the possi- 
bility of a rupture in closing written discussion regarding the Philip- 
pine cession. The American Commission might properly reserve to 
itself the right to answer in the succeeding session the memorandum 



320 SPANISH CORRESPONDENCE AND DOCUMENTS. 

we will present in the next; but if their design is to rupture the 
conference, they might decline this right. In case a rupture be 
imminent, in spite of all we may do to prevent it, the Commission 
urgently begs instructions from your excellency. According to its 
opinion, it would be possible in such an extreme case to propose 
arbitration in order to determine the correct reading of clause 3 of 
protocol respecting sovereignty in the Philippines, Spain thus avoid- 
ing moral responsibility for the rupture of conference. The speech 
of Lord Salisbury makes it possible to foresee grave dangers in the 
Philippine question. On this account once more I beg instructions 
from Government of His Majesty to meet the situation foreseen in 

this telegram. 

MoNTERO Rigs. 



No. 70. 

The Minister of State to the President of the Spanish Peace Commissions. 

[Telegram. — Translation.] 

No. 27.] Madrid, November 11, i8g8. 

Received your telegram No. 26, which urges me to answer in- 
regard to instructions in case the Americans may attempt rupture of 
negotiations in conference of to-morrow. Not knowing the argu- 
ments adduced in proposition presented Wednesday in support of 
the demand for the cession of the Philippines, and ignorant there- 
fore of the reasonings which determine the interpretation of third 
clause in the sense that it authorizes the annexation of the whole 
archipelago by them, I lack data sufficient to judge regarding the 
firmness with which they present their petition. I suppose that your 
excellency does not consider it probable that they may withdraw 
from their position, and for this cause believe the discussion relative 
to the Philippines will terminate in session of to-morrow. If this, 
happens it is fit to use the measure your excellency indicates, pro- 
posing arbitration for the interpretation of the referred-to clause, 
in view of the fact that it is not possible to reconcile the views each 
party holds as to its construction. It is probable they may refuse 
the plan so proposed, but if this occurs I would ask suspension in 
order to solicit instructions from the Government, on account of 
the demand for the cession of the Philippines not having been 
foreseen. 

Almodovar. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 32 I 

No. 71. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, November 10, i8(p8. 

Excellency: As I telegraphed your excellency last night, yester- 
day at 2 p. m. the conference was held as announced, the president 
of the American Commission delivering to me an extensive memo- 
randum, of which I send your excellency a copy. 

As was indispensable, we reserved to ourselves the opportunity of 
studying it, so as to give to the American Commission the answer 
we thought would be proper in the matter, appointing Saturday, the 
1 2th, for the new conference, and if not possible for the Spanish 
Commission to prepare its answer for that date, it would be trans- 
mitted to the American Commission as soon as possible. 

I presume, although I am not certain, that inasmuch as the 
document of the American Commission refers to the negotiations 
which have taken place between the Government of Madrid and 
that of Washington from the signing of the protocol until now 
regarding the taking of Manila and other incidents occurring in the 
Philippine Archipelago, it will be indispensable to us to have such 
negotiations before us in order to form our ideas regarding the 
answer to said document. Therefore I have just telegraphed your 
excellency urgently asking copies of the said negotiations, and 
although they may be remitted by your excellency in the post leav- 
ing Madrid to-night they could not arrive in Paris until Saturday 
morning. It therefore appears to me very difficult, if not impos- 
sible, that our answer be prepared by 2 p. m. of the same day. 
Your excellency will observe that if the document of the American 
Commission is voluminous it does not abound in reasons. The 
principal part of it consists of a relation of the negotiations in 
Washington preparatory to the protocol — a relation which does not 
accord with the tenor of the dispatches of Mr. Cambon, ambassador 
of France, who upon that occasion represented Spain. 

The principal of these refutations consists in saying that in the 
note of your excellency of August 7, referring to the reservation 
of the sovereignty in the archipelago which the Spanish Govern- 
ment made concerning the construction of the third basis proposed 
by the United States for peace, the adjective total, which is in the 
copy of said note which your excellency was pleased to deliver to 
me, is not present. Although the reservation of sovereignty then 
made by Spain may suffice, in order that the truth of the affirma- 
tion set forth by this Commission in the document presented to the 
American Commission in the session of 4th instant remain beyond 
s D c 21 



322 SPANISH CORRESPONDENCE AND DOCUMENTS. 

doubt, the refutation of the American Commission does not lack 
relative importance, at least with regard to the exactitude of the 
copy of this Spanish document to which the mentioned proposition 
of this Commission refers. 

But as groundless as the demand of the United States appears, it 
is certain that their Commission will sustain it absolutely and uncon- 
ditionally. A truly singular situation will thereupon result. The 
American Commission affirms that the question relative to the 
conservation of the sovereignty of the archipelago by Spain or its 
transfer to the United States is a question to be settled in these 
conferences by the two Commissions. Therefore, if the Spanish 
Commission insists that the sovereignty of the archipelago must 
continue to appertain to Spain, or, on the other hand, if the Ameri- 
can Commission persists in claiming it for the United States, it is 
clear that this grave question can not be settled in these conferences, 
and that therefore the United States will have only the right of 
force to possess itself of the archipelago. 

A more singular and exceptional situation does not occur to me. 
But, in view of the impossibility of resolving so important a ques- 
tion in these conferences, this question might be reserved for direct 
convention between the two Governments, or, better than this, might 
be submitted to an impartial arbitration, politically and technically 
competent. 

I beg your excellency, therefore, with the urgency proper to 
the case, to be pleased to give me the instructions of His Maj- 
esty's Government upon this point (which is truly critical), because 
from it might result either rupture or the continuation of these 
conferences. 

Dios etc., E. MoNTERO Rios. 

[Inclosure: Protocol No. 13, printed on page 128 et seq., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 

No. 72. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 28.] Madrid, November 12, i8g8. 

Dispatch No. 32, with its inclosures and confidential letter of 
your excellency No. 15, received to-day. I have reported the mat- 
ter to the President of the Council. In view of what your excellency 
has been pleased to communicate, and the American answer, we 
now understand the grounds upon which the Americans base their 
demand for the cession of the Philippines. Said grounds being 
more favorable for submitting the question to an arbitration than 



SPANISH CORRESPONDENCE AND DOCUMENTS. 323 

to adjust it by a direct negotiation between Madrid and Washing- 
ton, we entirely agree with your excellency in proposing, if the dis- 
cussion between the Commissions is exhaustetl witliout coming to 
an understanding, the proposition of arbitration to settle the con- 
flict. The Americans have no grounds for demanding the annexation 
of the archipelago by invoking rights to the sovereignty as set 
forth in the protocol; neither have they rights enabling them to 
raise the question in the manner they have, construing that the 
protocol left undetermined the future sovereignty of these terri- 
tories, the question being committed by virtue of the protocol for 
adjudication to the negotiations of Paris. As it is almost certain 
that the Americans will persist in tlieir interpretation, and we in 
ours, the first point of exhaustion of arguments which your excel- 
lency foresees w^ill arrive, and then it will be opportune to propose 
arbitration. I greatly fear that they will not admit it, because the 
opposition to interference in the negotiations with Spain has been 
constant; aside from the sound reasons they would have of suppos- 
ing a result in our favor from impartial arbitration. In this case, 
with a view of not rupturing the negotiations, I reiterate to your 
excellency the suggestions I had the honor of making in my telegram 
of yesterday regarding a demand for suspension. 

Al.modovar. 



No. 73. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 29.] Madrid, November 12, i8g8. 

Respecting documents asked for by your excellency in telegram 
No. 26, I am able to say that the copy of the letter of Day to Cam- 
bon was sent complete by post, and should be in the hands of your 
excellency to-day. In regard to the negotiations previous to the 
signing of the protocol (since July 22), they were all made by tele- 
graph, and the duplicates of the telegrams exchanged were all 
delivered to the Comm'ission before its departure. If by chance I 
have not understood your excellency I beg that you will correct me, 

explaining what other documents you desire. 

Almodov.ar. 



No. 74. 
The President of the Spanish Peace Connnission to the Minister of State. 

[Telegram.— Translation.] 

No. 28.1 Paris, November 16, iSpS. 

The conference has just closed. We presented in our document 
the reply to the last American memorandum, our memorandum 



324 SPANISH CORRESPONDENCE AND DOCUMENTS. 

sustaining propositions which in the last conference were refused by 
the American Commission. If the American Commission sustains 
proposition for the cession of the archipelago, we have determined 
to propose arbitration in the matter of the interpretation of Articles 
III and VI of protocol. The American Commission proposed ad- 
journment until Saturday for translation, study, and answer of our 
documents, without prejudice to proposing a new adjournment if 
they have not time by Saturday. We have accepted proposal. I 
send your excellency by this post copy of document presented to-day 

by us. Will write to-morrow. 

MoNTERO Rigs. 



No. 75. 

The Preside7it of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, November //, i8g8. 

Excellency: As I stated to your excellency, yesterday afternoon 
the conference was held, the session continuing but a short time, 
because it was limited to the presentation on the part of the Spanish 
Commission of a double document containing the reply to the last 
American memorandum and our own memorandum in support of 
the proposition the Commission of the United States had refused 
in the previous session. A copy of its text is annexed to protocol 
No. 14 sent your excellency. 

This Commission finally proposed in the said document that if 
the United States persists in demanding the Philippine Archipelago 
good faith on the part of both high parties demands that the right 
interpretation of Articles III and VI of protocol be submitted to 
an arbitration, as soon as it is shown that the conference of itself 
can not arrive at an agreement as to the American proposition. 

The Commission of the United States asked that the session 
adjourn on account of having to make a detailed translation of the 
document which was presented to them, to study it, and to prepare 
to answer it in the next session, which by proposition of this Com- 
mission was agreed would be held next Saturday, the 19th, and if 
not having then concluded their labor they would propose to the 
Spanish Commission the further time it would be necessary to 
adjourn the meeting. This Commission will be much pleased if, 
after reading the referred-to document, the Government of His 
Majesty considers that it has observed its instructions. 

Dios, etc., 

E. MoNTERO Rigs. 

[Inclosure: Protocol No. 14, printed on page 151 et set/., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 



SPANISH CORRESPONDENCE AND DOCUMENTS. 325 

No. 76. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 29.] Paris, November ig^ i8g8. 

By petition of the American Commissioners the conference 
appointed for to-ciay is put over to next Monday at 2 p. m. 

MONTERO Rios. 



No. 77. 

TJie President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 30.] Paris, November 21, i8g8. 

The conference was held, the American Commissioners deliver- 
ing a short memorandum, which terminates with the following 
proposition : 

First. The United States will give to Spain for the Philippine 
Archipelago $20,000,000, to be paid in accordance with the terms 
fixed in the treaty of peace. 

Second. It being the policy of the United States to have open 
door to the commerce of the world in the Philippines, Spanish ves- 
sels and merchandise will be admitted in the ports of the archipelago 
under the same conditions as American vessels and merchandise 
for a number of years, which will be fixed in the treaty. 

Third. All classes of claims, private and national, which have 
arisen since the commencement of the last Cuban insurrection, up to 
the conclusion of the treaty of peace, will be mutually relinquished. 

If these conditions are accepted, the proposition agrees to cele- 
brate a treaty of peace, in which \\\\\ be especially agreed — 

First. In regard to religious liberty in the Carolinas as agreed 
in 1886. 

Second. In regard to the liberation of prisoners which Spain 
holds for political offenses in Cuba and the Philippines. 

Third. In regard to the acquisition of one of the Carolinas called 
indiscriminately Kusaie, Ualan, or Strong's Island, and the right to 
land cables in other places under Spanish jurisdiction (not stating 
what these may be). 

Fourth. The renewal of certain treaties heretofore existing be- 
tween Spain and the United States (not saying which they are). 

In the American memorandum the 28th next is fixed as the time 
for accepting this proposition by the Spanish Commission. Our 
Commission having convened, Sefiors Abarzuza and Villa-Urrutia 



326 SPANISH CORRESPONDENCE AND DOCUMENTS. 

were of the opinion that this proposition was an ultimatum, charac- 
terized by the positive limitation of time to the 28th instant and 
by the definite qualifications of the American proposal. In respect 
to the contents of said proposition and the utility of accepting or 
refusing it, Senors Abarzuza and Villa-Urrutia would refer it to 
the prudence and resolution of the Government. Sefiors Garnica 
and Cerero having in mind the insignificance of the pecuniary com- 
■pensation offered compared to what Spain loses, and the vagueness 
of the offer made on the point of commercial clause, and that to 
admit said pecuniary compensation would weaken the situation 
of Spain in regard to the question of the colonial debts, judge it 
to be best to not accept the proposition with regard to the offer 
indicated. I believe that the American proposition is much more 
prejudical than beneficial, and that it would be best for Spain as an 
ultimate proposition to offer to the United States gratuitously the 
Antilles and Philippines, with the provision that the colonial obliga- 
tions shall pass with them; or the United States insure to Spain 
the necessary sum, so that she may cover these obligations if they 
remain at her charge. If the United States does not accept this 
proposition it is preferable to leave the Antilles and Philippines to 
them, because of lack of resources to defend them, and to terminate 
the negotiations without a treaty of peace. Next Wednesday is, 
at my suggestion, fixed upon for answering American proposition 
and without prejudice to adjourning session later if this is necessary 
to the Spanish Commission. I beg your excellency in the most 
urgent manner to send ultimate and definite instructions. 

MoNTERO Rigs. 



No. 78. 

The Ambassador of His Majesty in Paris to the Minister of State. 

[Telegram.— Translation.] 

Paris, November 22, i8g8. 
Mr. WhitelawReid wrote me this morning, asking an appointment 
to talk to me of an important matter. I replied I would receive him 
at once. He came to tell me courteously of the veritable ultimatum 
presented by the American delegates in the Peace Commission, which 
your excellency knows in detail through Senor Montero Rios. He 
added that the instructions which had been received from the Wash- 
ington Government were such that what to his great regret was 
proposed to-day were their final words. I thanked him for the 
information, but answered nothing, all discussion being now un- 
profitable and fruitless, under the circumstances. 

Leon y Castillo. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 327 

No. 79. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 32.] Madrid, Novetnber 22^ i8g8. 

At daylight to-day the telegram No. 30 of your excellency arrived, 
and this morning I read same to the President of the Council. We 
will meet this afternoon to come to an understanding, as solicited by 
your excellency. A telegram from the ambassador ratifies the con- 
ception of ultimatum which may be attributed to the American 
memorandum. Its character was confirmed to Senor Leon y Castillo 
by the declaration of Mr. Whitelaw Reid. I abstain from express- 
ing an opinion beforehand, which would now have little value (on 
account of being personal), in relation to the decision which may have 
to be adopted in the matter of signing a treaty. If it were possible 
to investigate the real temper of mind of the American Government 
in case we retire without signing, we could decide with more 
certainty such a grave matter. The decision of the Council of 
Ministers will be telegraphed your excellency as soon as the session 

is terminated. 

Almodov.'VR. 



No. 80. 

The Minister of State to the Ambassador of His Majesty in Paris. 

[Telegram.— Translation.] 

Madrid, November 22, i8g8. 
******* 
Third telegram gives account of interview with Whitelaw Reid. 
From Montero Rios I had notices of the ultimatum presented yes- 
terday afternoon. Although it was not stated positively as final, it 
is presumably so viewed by the Americans, according to what your 
visitor declared to your excellency. In my judgment it is useless 
now to think of defending ourselves, because the positive proof of 
our despoliation could not be made more evident. The Govern- 
ment will meet this afternoon to the end of adopting a final under- 
standing, which has been deferred in the vain hope that our situation 

would improve. 

Almodovar. 



328 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 81. 

The President of the Spanish Peace Commission to the Miiiister of State. 

[Telegram. — Translation.] 

No. 31.] Paris, November 22., i8g8. 

I forgot to say positively in my last telegram to your excellency 
(although it might perhaps be deduced from its contents) that the 
American Commission refused proposal of arbitration. In order 
that your excellency might receive one day earlier my dispatch and 
confidential letter of yesterday. Attache Mora left on the first train in 
order to catch the mail train in Burdeos; therefore your excellency 
will receive them to-morrow. By post of to-day I send American 
memorandum of yesterday, and its translation. 

MoNTERo Rigs. 



No. 82. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 2)Z-A, Madrid, November 22., i8g8. 

Meeting of Council held. The Government thinks it will be 
advantageous to adjourn the conference until a definite resolution 
is adopted, for which decision it will be necessary to be acquainted 
with the documents which, according to your telegram No. 31, 
Senor Mora brings. 

Almodovar. 



No. 83. 

The President of the Spanish Peace Comtnission to the Minister of State. 

[Translation.] 

Paris, November 21, i8p8. 

Excellency: By the telegram of to-day your excellency will be 
informed of what I have had the honor of communicating to you in 
respect to the conference held this afternoon and the proposition 
presented by the American Commission. 

There is really no reason why these conferences should not be 
hastened to a termination; rather what is occurring in the Philip- 
pines, the progress made there by the insurrection, and the conduct 
of the American authorities in the archipelago counsel putting a 
quick termination to the interim situation created by the celebration 
of these conferences. I therefore proposed to the American Com- 
mission to reassemble next Wednesday without prejudice to the fact 



SPANISH CORRESPONDENCE AND DOCUMENTS. 329 

that if we are not prepared to answer said proposition then the session 
could be adjourned for the time necessary. This was agreed to. 

I hope by that time I will have in my possession the ultimate and 
definite telegraphic instructions of His Majesty's Government wh'ich 
I have asked for in my former telegraphic dispatches and confidential 
letters, and if they have alread}' been agreed upon it will he possible 
to confirm or modify them after seeing the final proposition presented 
by the plenipotentiaries of the Washington Government; until these 
instructions are received, it is clear that it is not possible to hold the 
next conference. 

Seiiors Abarzuza and Villa-Urrutia consider that said proposition 
is an ultimatum, and that therefore the United States will not pre- 
sent a modification substantially favorable to Spain. I do not share 
this opinion. My personal opinion is as I have set forth in the tele- 
gram of to-day. 

I must not close this dispatch without reminding your excellency 
that the United States has declared a position from which they 
have never desired to depart from the first session up to to-day, 
namely, that they must receive the colonies free from all indebted- 
ness. This is also being sustained by their press, and, furthermore, 
the ultimate proposition they presented says nothing regarding this 
particular. Prudence counsels that it be understood in the sense 
indicated — that is to say, that apart from the $20,000,000 they offer 
for the archipelago they will not assist, directly or indirectly, in 
acknowledging any debt against those colonies, nor will they aid 
in acknowledging obligations of any kind against the colonies of the 
Antilles. This is all I have to lay before your excellency to-day. 

Dios, etc., 

E. MoNTERO Rigs. 

[Inclosure: Protocol No. 15, printed on page i()b ei se<j., S. Doc. No. 62, part i, 
55th Cong., 3d sess.] 



No. 84. 
The President of the Spa?iish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

Ko. 32.] P.vRis, Novetnber 23, i8g8. 

I have just received this moment your telegram No. 2>i. Seiior 
Mora placed in the mail my papers, which I suppose your excellency 
received to day. As your excellency directs, no conference will be 
held until definite instructions are received. The time set by the 
American Commissioners continues until the 2Sth. 

Montf.ro Rfos. 



330 SPANISH CORRESPOxNDENCE AND DOCUMENTS. 

No. 85. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 2iZ-^ Paris, November 23^ i8p8. 

This morning I wrote the president of the American Commis- 
sion asking that certain points of doubtful interpretation in the 
proposition they presented yesterday be made clear. I have just 
received the reply, in which he says: 

First. The United States will not accept any colonial debt for 
Cuba, Porto Rico, or the Philippines, but will give $20,000,000 for 
the Philippines. 

Second. The immunity for Spanish ships and merchandise in 
the Philippines will not be exclusive for Spain, but is intended to 
secure this immunity for her during the time agreed, whatever may 
be the general policy of the United States in the interim. 

Third. That the mutual relinquishment of all claims, individual 
and national, refers to those which by the cession of Porto Rico and 
the other Antilles and Guam the United States shall compensate, 
deducing therefore that it is Spain who now shall cancel those of hers. 

Fourth. They will not oppose that in the treaty the liberty of 
prisoners on both sides be treated on a basis of reciprocity; and, 
finally, if the proposition they present is not accepted they will 
break off negotiations. 

By to-morrow's (Wednesday's) post I will remit your excellency 
a literal copy of my letter, and the reply of Day, although this docu- 
ment does not contain anything more which appears necessary to 
enable your excellency to send me the definite instructions asked 
for. While this telegram was being enciphered I received No. 32 
from your excellency. I lack means for ascertaining in a reliable 
and exact manner as to what the attitude of the American Govern- 
ment will be if Spain, in the impossibility of resisting its demands, 
places everything demanded at its disposition and considers the 
negotiations closed. As a mere conjecture I continue the belief 
already stated to your excellency. Without abandoning this opin- 
ion, if the Government should decide to follow such course, I ask 
in such a case before such decision to propose the gratuitous ces- 
sion of said islands and submitting to arbitration the question 
whether with them should pass the colonial debts, certified as such. 
I firmly believe they will refuse such proposal, but it would serve 
as a crowning demonstration of the iniquity which characterizes 

the conduct of the American Government. 

MONTERO Rios. 

[Inclosures: Correspondence between Senor Montero Rios and Mr. Day, above 
referred to, printed on page 215 et seq., S. Doc. No. 62, part i, 55th Cong., 3d sess.] 



SPANISH CORRESPONDENCE AND DOCUMENTS. 33 1 

No. 86. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 34.] Paris, November 24, i8p8. 

Not having up to now received definite instructions from the 1 
Government, and time pressing, it has occurred to me to propose to 
the Americans (if this Commission authorizes) the acceptance as a 
settlement either of the three following propositions: 

First. The cession of the whole archipelago, including Minda- 
nao and Jolo, with a compensation of ^100,000,000 for public works 
in all the islands of the Orient and Occident. 

Second. The cession of the island Kusaie in the Carolinas, right 
to land cables in the Carolinas or Marianas, and cession of the 
Philippine Archipelago properly speaking, Spain reserving Min- 
danao and Jolo. Compensation on the part of the United States, 
$50,000,000. 

Third. Gratuitous cession of the archipelago, including Minda- 
nao and Jolo; submission to arbitrator as to what colonial obliga- 
tions and debts should pass with the islands renounced and ceded 
in the Orient and Occident. 

I will call the Commission together to-day to ask their authori- 
zation for this proposition. If it is given me, I will communicate 
to-night with the president of the American Commission. Any- 
way, the Spanish Commission, whether or not the American Com- 
mission accept any of said propositions, will answer categorically, 
Monday, the 28th, on which the full Commission will convene on 
account of the ultimate American proposition presented. If your 
excellency does not approve my ideas, I beg you answer me imme- 
diately upon receiving this telegram. 

MONTERO Rios. 



No. 87. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 34.] Madrid, November 24, i8g8. 

Received your excellency's telegram No. 34. Its contents are of 
a character which will not permit me to answer categorically, with- 
out the knowledge and agreement of the Council of Ministers, which 
will convene this afternoon. When this meeting is over and a deci- 
sion is arrived at I will have the honor of communicating further 

with vour excellency. 

Almodovar. 



332 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 88. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 35.] Madrid, November 24, i8g8. 

The Council of Ministers has convened. I read your excellency's 
telegram No. 34. It is their judgment that if your excellency and 
the Commission consider it suitable to make use, separately or con- 
jointly, of the three propositions suggested it would be advantageous 
to make some investigation by private means which 3'our excellency 
may have at your disposition, either by yourself or through our 
ambassador, in regard to the disposition of the American Commis- 
sion as to any modification of their ultimatum favorable to Spain. 
The question whether a change in the position maintained up to this 
time would not tend to better the terms of the American proposition 
occupies the attention of the Government and is submitted to your 
consideration. In every way the Government maintains and reiter- 
ates the entire confidence which your excellency merits. To-morrow 
after the conference of the Council of Ministers I will transmit to 
your excellency definite instructions. 

Almodovar. 



No. 89. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 35.] Paris, November 2^^ 1898. 

Have just received telegram No. 35 from your excellency. B3' 
unanimous agreement of the Commission, I sent the president of 
the American Commission the three propositions, so that they might 
elect either of them, but saying it was by way of adjustment. If 
by chance they accept none, as I fear, the position maintained until 
now will continue the same, and in compensation there will be given 
to the world one more proof of the abnegation of Spain to the limit 
consonant with her dignity and of the arbitrary and uncompromis- 
ing attitude of the United States. I have no private and certain 
means of ascertaining the definite intentions of the American Com- 
mission, and understand that neither has the ambassador, but I will 
communicate to him at once your excellency's suggestion. I would 
not be surprised if the Americans made some modifications in a 
favorable sense in their ultimatum, but fear that although they may 
do this it would be of little importance. I received last night tele- 
gram No. 34 from your excellency. I anxiously await the definite 



SPANISH CORRESPONDENCE AND DOCUMENTS. T,T)^ 

instructions your excellency promises, whether, according to your 
view, I should prepare documents for the session Monday. I am 
much pleased with the confidence the Government shows in me. 

MoNTEKo Rfos. 

[Inclosure; Seiior Montero Rios to Mr. Day, printed on page 221, S. Doc. No. 62, 
part I, 55th Cong., 3d sess.] 



No. 90. 
T/ie Mijiister of State to the President of the Spanish Peace Commission. . 

[Telegram.— Translation.] 

No. 36.] Madrid, November 25, i8pS. 

I have the honor to communicate to your excellency the ultimate 
agreement of the Council of Ministers, in case the Americans 
insist upon their definite proposition. The Government under- 
stands, after reading the memorandum which contains the propc^si- 
tion, that further resistance will be useless and the rupture of the 
negotiations which is threatened will be dangerous. 

For these considerations, in order to avoid greater evils, the 
painful necessity of submitting to the will of the conqueror becomes 
imperative, as said ultimatum clearly implies, bearing in mind, by 
reason of our proposition to arbitrate, the situation of the conquered 
in which we find ourselves, and the submission to the dictates of 
force which such a situation obliges. The Government desires, now 
that the treaty must be signed (and notwithstanding that the clear- 
est expressions have been given to that effect in all our documents), 
to draw up a severe protest as a final demonstration against the vio- 
lence practiced. But although the fact that such a protest may be 
inferred from the whole process of the negotiations, it is to be feared 
that the Americans will refuse to admit it, not permitting it to be 
set forth in the treaty, and even possibly that it will incite them to 
make their attitude more extreme by new demands. 

In spite of these reflections your excellency will adopt, with tlie 
prudence and caution that distinguish you, the course which in this 
extremity may be practicable. Perhaps the protest might be admit- 
ted in a separate paper. If every protest offers difficulties, to refuse 
to sign would only make the situation graver, a circumstance which 
the Americans would take advantage of by more severe acts, and 
perhaps in extreme irritation extending the effect of their action to 
Europe and creating difficulties in the Peninsula, if only by the 
threat to do so. On the other hand, imperative foresight imposes 
upon the Government the necessity of eliminating all cause for new 
complications. 



334 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Yet, putting aside as extreme these fears of evil, the Government 
at the same time does not lose sight of the internal state of this 
country, whose restlessness is due to some extent, no doubt, to the 
international conflict pending; its duration provoking alarm in the 
prudent part of the nation, which desires that it be terminated, and 
serving as a constant stimulant to the agitators. 

Within these lines the Government confides in the skill of your 
excellency, who will manage to obtain the greatest advantages, polit- 
ical and economic. The claims set forth in the memorandum as 
additional, touching particularly the Carolinas, the Government does 
not consider acceptable; not alone regarding the cession of one of 
these islands, but also respecting points for landing cables, which 
are the beginning of further demands. Likewise, religious liberty, 
besides being unconstitutional, would augment the dangers in the 
Peninsula and risks of turbulence in the archipelago. Neither is 
the renewal of old treaties acceptable. 

Concerning these matters which the Americans propose to dis- 
cuss in the course of the negotiations, there is no urgency in answer- 
ing now. 

Almodovar. 

No. 91. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 36.] Paris, November 2^, i8g8. 

Have just received and translated dispatch No. 36 from your 
excellency. As conference will not be held until Monday, I urgently 
request your excellency to let no report of the understanding which 
is communicated to me be known in Paris. I will guard the secret 
religiously until Monday. 

MoNTERo Rigs. 



No. 92. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation,] 

No. 37.] Paris, Nove?nber 26, iSg8. 

I beg of your excellency to kindly answer the following questions : 
First. If the Americans accept the second proposition of fifty 

millions, Spain reserving Mindanao and Jolo, but ceding Kusaie 

and rights to land cables, will it be sustained? 

Second. If they accept said proposition, but without preserving 

for Spain Mindanao and Jolo, and ceding Kusaie and rights to land 



SPANISH CORRESPONDENCE AND DOCUMENTS. 335 

cables, paying fifty millions or less, will it be accepted? If the 
Americans sustain inflexibly their proposition as their Government 
orders, shall we accept the twenty millions? 

MoNrERO Ri'os. 



No. 93. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translati(in. 1 

No. 38.] Paris, November 26, i8g8. 

I have just received Mr. Day's answer to my last letter, in which 
he says his Government, with regard to the last three propositions 
made to the American Commission, gives him instructions to adhere 
to his final proposition. He says that the American Commissioners 
have offered, in the interest of peace, all the concessions which 
their Government is able to give respecting the special points con- 
tained in the proposition, whose acceptance is a condition for the 
continuance of further negotiations; and he adds that if said propo- 
sition is accepted the points referred to in the final paragraph of the 
document presented by them in the last session would be a matter 
for negotiation, with hope of arriving at a satisfactory adjustment. 
Mr. Day in his letter begins by recognizing that the three propo- 
sitions presented to him for the adoption of one of them were in 
the way of adjustment. I send by mail copy of said letter. 

MoNTERo Rigs. 



No. 94. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, November 26, i8g8. 
Excellency: In conformance with what I have stated to your 
excellency in telegram of this date, I inclose copy of the answer 
of Mr. Day, just received in answer to my letter of 23d proposing 
by way of adjustment the choice of one of three propositions therein 
set forth, of which letter I advised your excellency by telegraph. 

Dios, etc., 

MOXTERO Rios. 

[Inclosure: Mr. Day to Senor Montero Rios, printed on page 222, S. Doc. No. 62, 
part I, 55th Cong., 3d sess.] 



2,T,6 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 95. 

T/ie Ministe?- of State to the President of the Spanish Peace Coniiiiissson. 

[Telegram. — Translation.] 

No. 37.] Madrid, November 27, i8g8. 

Received three telegrams from your excellency, the first recom- 
mending secrecy regarding the agreement of the Council of Min- 
isters communicated to you, and the other two being Nos. 37 and 
38. Everything possible has been done on my part to maintain 
secret that which the interests of the country counsels. But your 
excellency knows how difficult it is for our press to judge what 
is due to the public utility, as also the deficiencies of censorship. 
Therefore I had recourse to the remedy of contradictory notices, 
in order to disguise the plans of the Government and to give 
occasion for various interpretations. Now that the first two propo- 
sitions are done away with by the answer of Mr. Day, of the ques- 
tions contained in telegram No. 37, your No. 38 only leaves the 
third to be answered. The Council of Ministers met this afternoon, 
and after a new examination of the probabilities and risks the Presi- 
dent stated the majority opinion regarding the acceptance of the 
proposal of the Americans in the following f orm : 

Neither the twenty millions nor any of the last proposition of the 
American Commission are admissible to Spain. You might, on this 
ground, proceed to consider the conference terminated, leaving the 
Americans free to take what they demand. But as this might pro- 
duce subsequent complications and even greater evils for our coun- 
try, which is anxious to escape from this situation, there remains 
no other alternative than to succumb to force, accepting that pro- 
position, but as a whole, without analyzing or discussing any of its 
parts, which are all alike unjust. 

Almodovar. 



No. 96. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 39.] Paris, November 27, i8g8. 

Have just received and translated telegram of your excellency 
No. 37. Advised of its contents, to-morrow shall be strictly guided 
by it. I believe, as stated by your excellency in your telegram No. 
36, that it is necessary and even urgent to put an end to these con- 
ferences, so as to arrive as soon as possible at the signing of the 
treaty, since the Government considers it necessary. To prevent 



SPANISH CORRESPONDENCE AND DOCUMENTS. ;^T,y 

delays, which on the part of this Commission would be inevitable 
for lack of opportune instructions from your excellency, I beg that 
immediately you will give definite instructions regarding the cession 
of Kusaie Island, right to land cables in points under jurisdiction 
of Spain, treaties to be renewed, and religious liberty in the Caro- 
linas, which points the Americans announce in the proposition they 
wish to be included in the treaty; also in relation to any other 
matters which the Government on its part desires to have included in 
it. The Spanish Commission in the session of to-morrow acquiescing 
in the American proposition, it is possible that in the same session^ 
or that of the day following, the Americans may present their propo- 
sition regarding these matters, and your excellency will understand 
from what has been said how convenient it would be if the Spanish 
Commission were able to discuss them in the same session without 
fear that an adjournment would be necessary for lack of instructions. 
I beg your excellency to indicate how far the Spanish Commission 
can go and what point they can not pass in respect to each matter. 

MoNTERO Rigs. 



No. 97. 

T/ie Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 38.] Madrid, November 2/, i8g8. 

Received telegram No. 39 from your excellency. As I had the 
honor to communicate to your excellency by telegram No. 36, the 
Government is opposed to the additional propositions which, after 
accepting those with definite character, the Americans submit in the 
last memorandum for discussion. Thus, neither religious liberty in 
the Carolinas, nor the cession of an island in that archipelago, nor 
the right to land cables in other Spanish territory, nor the renewal 
of treaties is admissible. It is to be supposed that it will not be 
indispensable to answer now regarding these points, since the de- 
mands of the American Commissioners are limited to the concrete 
proposition which as an ultimatum they have presented to us. The 
reply of the Spanish Commission, on their part, should be limited to 
this one point, and in case the Americans ask regarding the indica- 
tions or propositions alluded to your answer should be negative, our 
negotiations not passing the limits of the demands imposed by the 
conquerors. This has been the view of the Government, which 
desires to set forth very clearly that Spain submits to force, and 

does not concede more than force compels. 

Almodovar. 

S D C 22 



338 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 98. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No, ^0.1 Paris, November 28, i8p8. 

Have just received telegram from your excellency No. 38. I 
understand it, and in a few minutes will communicate it to my asso- 
ciates in the Commission, so they may accommodate their acts 
strictly according to the orders of the Government, which are against 
including in the treaty religious liberty in the Carolinas, the cession 
of an island in that archipelago, the right to land cables in other 
territory, and the reestablishment of treaties. But your excellency 
adds that our negotiations ought not pass over the limits of the 
impositions exercised by the conquerors. Do you desire by this to 
say that, having accepted the articles relative to the Antilles and 
the Philippines according to the American proposition, we should 
on our own part limit the treaty to these articles, putting an end 
to the conferences without including in the treaty any other article, 
whatever its object? I beg your excellency to answer me as soon as 
possible, because in the conference of to-day it may be necessary 
to consider this matter if the Americans propose it. 

MoNTERO Rigs. 



No. 99. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

Madrid, November 28, i8g8. 
Have just received this minute— 3.15 p. m. — telegram from your 
excellency No. 40, the reply to which will leave within half an hour. 

Almodovar. 



No. 100. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

>v[o_ 30.] Madrid, November 28, i8g8. 

The significance of the telegram in which I had the honor of 
expressing to your excellency the view of the Government regard- 
ing the lines to which the treaty must be limited— not going beyond 
the demands of the Americans— is as follows: That Spain, seeing 
itself obliged to submit to the will imposed by the conqueror, cedes 
to the proposition presented as an ultimatum, discussing later the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 339 

details necessary to the defense of our interests in tlie territories 

demanded; but Spain will not accept any other proposition for 

abandonment or cession of territory, right to land cables, or the 

other propositions enunciated in the last part of the referred-to 

American memorandum; that is to say, that the treaty will solely 

comprehend that which constitutes a demand — the sine qua non of 

our adversaries — Spain refusing all of the American propositions left 

to its free \\'\\\. 

Almodovar. 



No. loi. 

The President of the Spanish Peace Commission to the Alinister of State. 

[Telegram. — Translation.] 

No. 41.] Paris, November 28, i8g8. 

Session just held. In it we presented the protest advised by 
you, concluding with the acceptance of American proposition, not 
having means to resist it by force, in spite of said demands being 
contrary to what w^e have been sustaining was the right of Spain. 
In expectation of the instructions asked of your excellency in tele- 
gram of this morning (in case they are in the sense of putting an 
end to the negotiations) we have avoided entering into deliberations 
regarding any other article of the treaty, evading the attempts made 
by the American Commissioners. We proposed that the two secreta- 
ries draw up the articles relative to the admitted American proposi- 
tion, and adjourned until this was done, emphasizing urgency, in 
order to make a quick termination to the conference. The American 
Commissioners proposed that conference be held day after to-morrow, 
Wednesday, at the usual hour. This was agreed upon. By post I 
send to-day a copy of the memorandum protest we presented. 

MONTERO Rios. 



No. 102. 
The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, November 28, 1898. 
Excellency: I have just telegraphed your excellency, advising 
you of what occurred in the session of the full Commission held this 
afternoon. This morning I called together the Spanish Commis- 
sioners, the memorandum protest being approved, which in com- 
pliance with the telegraphic orders of your excellency we had to 
present in the session of to-day. We believed that said protest (as 



340 SPANISH CORRESPONDENCE AND DOCUMENTS. 

your excellenc}'^ charged) was severe, and on the other side avoided 
all danger, of rupture, as the events just happened have confirmed, 
because the American Commission said nothing against the accept- 
ance proposed by the Spanish Commission to their proposition; this 
notwithstanding the arguments and form in which said acceptance 
was made. We have, therefore, done in this matter all that your 
excellency was pleased to direct. 

For the purpose of avoiding treatment by the American Com- 
mission of the other points desired to be included in the treaty, 
immediately after the reading of the protest I proposed to them 
that, their proposition being accepted by the Spanish Commission, 
the secretaries of both Commissions reduce to writing the articles 
mutually agreed upon (concerning said proposition) regarding Cuba, 
Porto Rico, and the Philippines, and that the session adjourn, meet- 
ing as soon as the draft is made. 

Although the president of the American Commission said noth- 
ing against this, he asked if it would not be best that instead of 
propositions there might now be presented drafts of the articles 
which the American Commission could present in tlie next session 
treating of above-mentioned points. With a view to maintaining 
convenient reserve until the articles to be drawn up were approved, 
and therefore all danger of a rupture and renewal of hostilities 
avoided, I answered him that this was an exclusive matter for the 
competency of the American Commission, in which there was no 
reason for the Spanish Commission to act. 

Although the president of the American Commission insisted 
regarding this matter, he did not obtain from the Spanish Commis- 
sion a more categorical or clearer answer. 

The president of the American Commission also suggested the 
advisability of having in this session, or the next, the letters which 
had passed between the two presidents form part of the records of 
the proceedings. I answered that instead of being spread upon the 
records there should be joined to the protocol copies of my letters 
to the president of the American Commission, one asking light upon 
the last American proposition and the other proposing to him by 
way of settlement three solutions, as well as the answers the presi- 
dent of the American Commission saw fit to give to my letters, and 
that these copies might be regarded as an annex to the proceedings 
of the session of to-day. The president of the American Commis- 
sion agreed to my proposal. 

At this point the American Commission proposed to the Spanish 
Commission that the conference meet again next Wednesday, by 
which time there would be drawn up in form of articles the mat- 
ters desired to be comprehended in the treaty. In regard to this I 



SPANISH CORRESPONDENCE AND DOCUMENTS. 341 

maintained complete and absolute silence, only ac^reeing that the 
new conference be on next Wednesday, as the Americans proposed, 
although impressing upon them the great urgency the Spanish 
Commission feels of putting an immediate end to these conferences. 

Thus, in harmony with instructions asked, which your excel- 
lency was pleased to give me by telegram of this morning, we 
have placed in safety our complete liberty of action in the next 
conference. 

A copy of the referred-to memorandum protest presented, which 
will form part of the protocol, accompanies this letter. 
Dios, etc., 

E. Mont ERG Rfos. 

[Inclosure: Protocol No. 16, printed on page 211 et seq., S. Doc. No. 62, 55th 
Cong., 3d sess.] 

No. 103. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 42.] Paris, November 2p, i8g8. 

Received last night your telegram No. 39, which instructions we 
shall obey. Secretary of American Commission proposes in the 
draft of their articles regarding the cession of the archipelago that 
the United States will transport to Spain (at their expense) the pris- 
oners of the Manila garrison. Shall this transportation be accepted 
at cost of the United States? The Minister of War tells General 
Cerero that your excellency will send me the instructions given our 
commissions of evacuation of Cuba and Porto Rico, and the results 
of said evacuations. I have not received them, and beg your excel- 
lency will send them to me speedily, if you consider it proper. Also 
tell me if there are any claims to be made on account of said 

evacuation. 

MoNTERO Rigs. 



No. 104. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 40.] Madrid, November 2g, iSp8. 

Received telegram No. 41 from your excellency, which was read 
this afternoon in the Council of Ministers. Understand from it 
that your excellency expects an answer to your telegram No. 40 
respecting the limits within which the negotiations should be kept, 
the point about which I had the honor of answering in my telegram 



342 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 39, but which I consider it opportune to amplify in this. 
Deducing from your telegram that the conclusions of the Americans 
are definite and accepted by us, the judgment of the Government 
is that it is necessary for the defense of the interests of Spain (and 
the inevitable consequences and mutual dispositions which every 
treaty of peace makes obligatory to both parties) that reference to 
the condition and protection of our subjects in the territory ceded 
be made, as well as to legitimate obligations contracted and as to the 
liberty of prisoners. The general instructions given our Commis- 
sioners cover these extremities and others analogous. On account 
of the decision accepted, another point to determine is that of the 
so-called commercial advantages offered by the Americans in the 
Philippines. We should besides aspire, if it is possible, that ample 
freedom of navigation and commercial advantages should be secured 
for the Antilles. These points determined, which are conclusions 
from the tenor of the protocol (and therefore in accord), they may 
be stipulated in the treaty of peace. The American Commission 
can then formulate any other new claims as additions to their con- 
clusions. The Government submits to the consideration of your 
excellency and of the Commission those former opinions which it 
judges useful as a mode of procedure in the development and termi- 
nation of these negotiations. 

Almodovar. 

No. 105. 

The President of the Spanish Peace Commission to the Alinister of State. 

[Telegram. — Translation.] 

No. 43.] Paris, November jo, i8g8. 

Received this morning your telegram No. 40. We shall be 
guided by your new instructions, and have already begun to plan 
for the conference of to-day. In one of the former telegrams your 
excellency told me that the propositions relative to the Carolina 
Islands, cables, treaties, and liberty of worship in the Carolinas 
were not acceptable to Spain. As your excellency, in your last 
telegram, states that, after the two Commissions had occupied them- 
selves with the points mentioned, "the American Commission can 
then formulate any new demands as additions to their conclusions," 
we desire to know if this phrase indicates a modification of the former 
instructions mentioned, or only an indication of proceedings for the 
debates. 

Up to this time — 5 p. m. — I have not received answer to my 
telegram No. 41. I beg, if it is possible, that your excellency by 
telegraph communicate to me the conclusions of the commissions 



SPANISH CORRESPONDENCE AND DOCUMENTS. 343 

of evacuation regarding material of war and arms of all kinds in 
the Antilles, for a knowledge of this is necessary to determine 
definitely regarding an article of the treaty. I beg, also, that your 
excellency will send me a copy of the communications or notes 
which in 1886 were exchanged by the Government of Spain with 
the American Government or its representatives relative to the 
American missionaries in the Carolina Islands, and the scope of 
liberty of their ministry there. 

The American Commissioners propose that until the treaty is 
ratified the American forces be charged to preserve public order 
and protect the lives and estates of the inhabitants of the Philip- 
pine Archipelago. We have objected to this, lacking authority, 
but have offered to ask it of our Government, which we do. The 
first eight articles, based upon the last American proposition, were 
approved. Freedom of Spanish ships and merchandise is conceded 
in the ports of the archipelago for ten years. We have asked in the 
most courteous manner possible that this freedom may be extended 
to the Antilles. 

The American Commissioners offered to study this question and 
answer us. Also in the proper article they say that the ^20,000,000 
will be paid to Spain during the three months immediately after the 
ratification of the treat3^ My proposition is agreed to to have daily 
conferences until the conclusion. To-morrow we meet at 3 p. m. 

MONTERO Rfos. 

No. 106. 

The Minister of State to t/ic President of the Spanish Peace Commission. 

[Telegram. —Translation.] 

No. 41.] Madrid, November jo, i8g8. 

Answering telegram from your excellency No. 42. The Presi- 
dent of the Council, with whom I have consulted, being informed of 
its contents, thinks that there would be no objection to accepting 
the transportation of the garrison and Manila prisoners at the charge 
of the United States, if the American Commissioners propose it. 
The instructions given to commissioners of the evacuation of Cuba 
and Porto Rico were sent, in more than one copy, with the docu- 
ments which this Ministry furnished to the Paris Commission. If 
by chance they are mislaid I beg your excellency to let me know, in 
order to furnish another copy. The results reached by the evacua- 
tion commission, including the points which by common agreement 
were left to be settled in Paris, have been pressingly asked for from 
the Minister of the Colonies, and as soon as received they will be 

remitted to your e.xcellency. 

Almgdov.ar. 



344 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 107. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 44.] Paris, November jo, i8g8. 

Received your excellency's telegram No. 41. The instructions 

in question brought by Senor Cangosto have been found in the office, 

but they lack the points to be settled in Paris, the knowledge of 

which is much needed. 

MONTERO Rfos. 



No. 108. 

The President of the Spanish Peace Cotnmission to the Minister of State. 

[Translation.] 

Paris, November jo, i8p8. 

Excellency: The session, as I have just advised you by tele- 
graph, has just closed. In it was read and approved the first eight 
articles of the treaty, which have for their object the setting forth 
of the last American proposition and the immediate results or indis- 
pensable measures for their execution. The exemption conceded in 
the ports of the Philippine Archipelago to Spanish ships and mer- 
chandise will be for ten years from the ratification of the treaty. 

We have, in the most appropriate manner, suggested that this 
exemption be extended to the ships and merchandise of Spain in 
the ports of Cuba and Porto Rico. They offer to study the subject 
and answer us, which I presume they will do to-morrow. 

We have also claimed that in the Philippines all material of war 
and arms of all classes there belong to Spain. They acceded to 
this. We have also claimed that the material of war of all classes 
in the Antilles, which has not been the subject of negotiation by the 
respective commissions of evacuation, shall belong to Spain. They 
stated that before answering this point it was necessary to have 
knowledge of the acts of said commissions. I asked for these on 
our part of your excellency yesterday by telegraph. 

They desire also to know approximately the number of Spanish 
prisoners there are in the archipelago in the power of the Americans 
and Tagalos. 

Finally, they proposed that from now on until the treaty is rati- 
fied the American authorities will be charged with conserving the 
public order and defending the lives and property of the inhabit- 
ants of the Philippine Archipelago. We replied that we were not 
authorized to answer on this point, and after a slight deliberation 
agreed that we would ask instructions from our Government re- 
garding the matter. Your excellency therefore will please give 
me them as I have asked by telegraph. 



Sl'ANISir CORRESl'ONDENCK AND JjOCUM KNTS. 345 

Permit that I su^j^est to you the thought that the preservation 
of order in the archipelago being a supreme necessity, and on the 
other hand it not appearing proper for Spain to consent for the 
present, and before the treaty is ratified, that the United States 
exercise acts of sovereignty there (as tliey wouUl do were this car- 
ried out, although solely with this end in view), this matter should be 
settled by leaving it to the understanding which the present Spanish 
and American authorities now in the archipeiagc; might reach. 

On my recommendation we have also agreed to hold daily ses- 
sions so as to conclude as soon as possible. To-morrow we convene 
at 3, having prepared in the two languages — Spanish and English — 
the greatest possible number of articles. 

This morning I received your excellency's telegram No. 40. We 

will be guided by the new suggestions which the telegram reveals. 

Dios, etc., 

E. MoNTKKo Rfos. 

[Inclosure: Protocol No. 17, printed on page 222 e< seq., S. Doc. No. 62, 55th 
Cong., 3d sess.] 

No. 109. 

Tlie Minister of State to the President of the Spanish J'eace Comtnission. 

[Telegram.— Translation.] 

No. 42.] Madrid, December /, i8g8. 

The Ministers are this moment in session under the presidency of 
Her Majesty. They will hold a meeting on leaving the Palace, with 
the object of answering your telegram No. 43. For your informa- 
tion I advise your excellency of the conference of this afternoon. 

Al.MOOOVAR. 



No. no. 
The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. —Translation.] 

No. 43. J Madrid, December i, i8g8. 

Received your excellency's telegram No. 43. To the first point 
indicated in the telegram, relative to the designs of the Government 
regarding contingent American proposition in the Carolinas, and 
other points, I reiterate to your excellency what was set forth in 
telegram which you tell me was not received. The Government 
desires to follow a mode of procedure, giving preference to the 
natural development of the principles agreed upon by the Com- 
mission, and leaving for the future the other points, foreign to the 



346 SPANISH CORRESPONDENCE AND DOCUMENTS. 

protocol, which the Americans indicated at the end of their ultimate 
memorandum. Although the opinion of the Government is not 
fa-vorable to their acceptance, such might be the compensation 
they offer that we could cede one or another of said points, about 
which, if there is time, the Government would desire to know the 
opinion of the Commission. The preference of the Government 
would be, in regard to territorial cession, to not dismember the ter- 
ritories remaining to us; in regard to the landing of cables, not to 
limit our rights by means of eminent domain. In regard to the 
renewal of treaties, it would probably be found best to negotiate 
new treaties as may be agreed upon. Regarding religious liberty 
in the Carolinas, whose history I remit to you in telegram which 
accompanies, the Government would agree upon the state ante- 
rior to the war. The proposal of the Americans to charge their 
authorities in the Philippines to protect the lives and property of 
the inhabitants and conserve public order would be acceptable before 
the ratification of the treaty, if previously they delivered to us the 
prisoners now in the hands of the Americans and the insurgents. 
The acts referring to the evacuation of Cuba and Porto Rico 
intrusted to the Commission of Paris will be sent to your excellency 
by post, without prejudice to a telegraphic extract which will leave 

to-day. 

Almodovar. 



No. III. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. 45.] Paris, December i, i8<p8. 

Received this morning your excellency's telegram No. 42. Ses- 
sion of to-day suspended until 2 p. m. to-morrow on petition of 
American Commission, who have not studied remaining projected 
articles of treaty which were sent them for acceptance by the Spanish 

Commission. 

MoNTERO Rigs. 



No. 112. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 44.] Madrid, December i, i8p8. 

During controversy pending with Germany regarding the Caro- 
linas, the American charge d'affaires in Madrid, under date of Sep- 
tember 22, 1885, directed a note to Senor Elduayen, Minister of State, 



SPANISH CORRESPONDENCE AND DOCUMENTS. 347 

setting forth, by order of his Government, the state and prosperity of 
the American missions established for many years in tlie Carolinas. 
It was set forth in said note that the American missions had 
constructed more than fifty chapels and various schools, havinj:^ 
4,000 parishioners whom they were civilizing and improving their 
moral state. Further, in view of the controversy with Germany, 
regarding which his Government did not express an opinion, he 
was charged to bring these matters to the attention of Spain in 
hope that whatever might be the result of the conflict nothing 
would happen to affect the nonpolitical labors of his fellow-citizens 
in that region, but that on the contrary Spain's beneficent purpose 
would be to help and protect. Senor Elduayen answered October 
15 of the same year, expressing acknowledgment for the friendly 
attitude of the United States, considering that it tended to corrobo- 
rate the legitimate rights of Spain, and added, textually, as follows: 

The Government of His Majesty hastens to inform the United States that 
nothing is farther from its mind than to limit or embarrass in the least the work 
of moral improvement and instruction to which your excellency refers. The 
present constitution authorizes the Government of His Majesty to respect in all the 
regions of our territory the free exercise of religion which the American Govern- 
ment desires, and at the same time views with the greatest satisfaction the results 
obtained by the citizens of the United States in that which refers to civilization 
and commerce in general, and is disposed on its part to favor and augment as far 
as possible such results. It is on my part a pleasing duty to give an affirmative 
and satisfactory reply to all the suggestions contained in the note of your excel- 
lency, to the end that you will please transmit the same to the Government of the 
United States. 

At various times the representatives of the United States have 
made mention of this note on account of incidents occurring in the 
Carolinas, and even when the Ministry considered inexact and 
inopportune reference to the constitution of the Monarchy it pre- 
ferred not to enter into discussion, limiting itself in the year 1892 
to stating in a note to the Minister of State that it was necessary 
that the missionaries avoid all opposition to the Spanish authorities, 
restricting themselves to their religious duties, without mixing in 
politics and current affairs. By post of to-day I send copies of these 

extracts. 

Almodovar. 



No. 113. 
The Minister of State to the President of the Spanish Peace Commission. 

[Telegram.— Translation.] 

No. 45.1 Madrid, December /, i8p8. 

■ I have just received from the Minister of the Colonies several 
copies of the acts of the commission of the evacuation of Porto Rico 



348 SPANISH CORRESPONDENCE AND DOCUMENTS. 

and telegram of the Governor-General of Cuba referring to the same 
matter. It is seen from these documents, which I remit you by post 
to-day, that there is not conformity between the Spanish and Ameri- 
can commissioners regarding delivery of artillery in position. The 
American commissioners solely concede that Spain shall possess 
light artillery, and that of 9 centimeters, demanding all coast artil- 
lery, including that sent recently on the steamship Antonio Lopez. It 
is agreed that these pieces remain in deposit until the decision of both 
Governments. In spite of this, the Americans made use of them 
when saluting the raising of the American flag. Nor in Cuba is 
there conformity respecting artillery, fort batteries, machinery, and 
other State property, the matter remaining for the resolution of 
both Governments and preserving for the present a statu quo. The 
difference of opinion between the Spanish and American commis- 
sioners rests upon the consideration of whether the artillery should 

be considered movable or not. 

Almodovar. 

No. 114. 
The Fresident of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 46.] P.-\Ris, December 2, i8g8. 

Received telegrams Nos. 43, 44, and 45. Respecting No. 43 will 
consult our Commission this morning and will communicate to your 
excellency its opinion, which the Government of His Majesty desires 
to know. That of Seiior Garnica and myself (in anticipation) is 
that it is not advisable to sell part but all of the Carolina Archi- 
pelago, but before doing this the authority of the Cortes is necessary ; 
that neither is it advisable that the treaty contain anything regard- 
ing the landing of cables, which would involve a sort of easement in 
our national territory. The matter is, under another aspect, more 
proper for an administrative concession. For manifest domestic 
political considerations, it is not advisable to refer in the treaty to 
religious freedom in the Carolinas, nor is a complete revival of 
former treaties to our interest. If both Governments should agree 
on the matter, they could consider reviving the parts of the old 
treaties upon which they mutually agree. It appears unlikely that 
the American Commission will accept liberation of prisoners in the 
power of the Tagalos before ratification of treaty as a consideration 
for authorizing their authorities in the meantime to conserve order 
and protect lives and property in the archipelago. From another 
point of view this prior liberation of prisoners by the Americans 
would serve as an occasion for them to open hostilities against the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 349 

Tagalos and consolidate their dominion in the Philippines before 
ratification of treaty. We insist that there appears to be no other 
solution less dangerous to Spain than to have a common under- 
standing between Spanish and American authorities in the archi- 
pelago as to the scope of each, for the conservation of order and the 
protection of the people until the ratification of the treaty. Will act 
according to the precedent indicated in the telegram. Informed of 
contents of telegram No. 44, will be guided by the precedent indi- 
cated. In respect to telegram No. 45, the telegram does not indicate 
what is "the material and property of the State" about which the 
commissioners in Cuba can not agree. According to this telegram 
the disagieement between them in Cuba and Porto Rico is submit- 
ted for solution to both Governments, but not to this conference. 
We will see, nevertheless, if it happens that the conference deter- 
mines these disagreements in favor of Spain. I must beg of your 
excellency that you will please tell me the approximate number of 

prisoners in the power of the Tagalos. 

MONTERO Rios. 



No. 115. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. 47.1 Paris, December 2, i8g8. 

Have just held conference. Nothing accomplished to-day. Amer- 
icans insisted that before beginning discussion of essential points of 
treaty we should discuss the accessory propositions regarding Caro- 
linas, etc., which in their ultimatum they said "they desired " should 
be discussed. We opposed vigorously because we had no definite 
instructions from our Government regarding them, and above all 
that we were resolved not to treat of the accessories until all the 
principal points had been determined. In this situation the session 
adjourned to meet at 2 p. m. to-morrow. They insist that we may 
be fully authorized then to treat about everything, including said 
accessories; but we shall not do it. But this is no obstacle against 
our asking your excellency instructions with all urgency regarding 
these accessories. The other members of the Commission hold 
the same views as Garnica and myself regarding them. Although 
resolved not to discuss them, until after settling all the essential 
points of treaty, it would be best, on account of what might occur, 
that we have positive instructions before 2 p. m. 

MONTERO Rfos. 



350 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. ii6. . 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 46.] Madrid, Decc7nber 2, i8g8. 

Received your excellency's telegrams Nos. 46 and 47. The 
Council of Ministers met this afternoon and examined the points 
contained in them. Respecting the accessory propositions of the 
Americans the Government coincides entirely with the opinion set 
forth by yourself, which is also the opinion of your Commission. 
Regarding question of procedure to follow in the discussion, the 
Government remains inflexible in its view. It is not possible to 
treat matters foreign to the protocol without first settling all those 
which are necessarily derived from it. It would be better to con- 
clude the negotiations, making the matter of the treaty only what 
was agreed and settled upon. It is regrettable to leave in sus- 
pense interesting points which might ultimately be agreed upon, 
but if firmness in following this course would give a pretext to the 
Americans (as it appears it might) for new demands, which would 
have the character of new impositions, it would be preferable to close 
the negotiations with what has already been done. With regard 
to the custody of lives and property in the Philippines, the promise of 
the Americans appears fallacious, because, all the archipelago being 
in insurrection, it would be difficult to carry it out. In Manila they 
are in control, but possess nothing in the other points, and it is not 
to be supposed they will attempt to occupy the islands in a military 
manner. We would only be able to accept this situation in view of 
the immediate liberation of all of the prisoners. The number of 
these are approximately 8,000 soldiers and 2,000 civilians, apart 
from others in the north of Luzon whose number it is not possible 
to state precisely. What has been communicated regarding the 
evacuation of Cuba and Porto Rico, which is referred to the respec- 
tive Governments, is all that has been possible to copy from the acts, 
and treats of the coast and siege artillery arranged for the enlarge- 
ment of defense on account of the war. 

Almodovar. 



No. 117. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, December 2, iSp8. 
Excellency: As I have just stated to your excellency by tele- 
graph, we have not progressed in the session of to-day, because the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 35 I 

American Commissioners insist in their purpose that the accessory 
propositions shall be discussed. As your excellency will see from 
the annexed protocol, I stated in a decisive manner that the Spanish 
Commission was not disposed to treat the accessory points without 
first finishing all that constitutes naturally the treaty of peace. 
Dios, etc., 

E. MONTKRO Rfos. 

[Inclosure: Protocol No. iS, printed on page 223 et seq., S. Doc. No. 62, 55ih 
Cong., 3d sess.] 

No. 118. 
The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. 48.] Paris, December 3, i8g8. 

Just received your excellency's telegram No. 46. We will follow 
its instructions. I am obliged to call the attention of your excel- 
lency to the last part relative to the conservation of public order 
and the delivery of prisoners now in the power of the Taga'los. It 
is well known that the American forces do not control in the archi- 
pelago more territory than they occupy, and, as I believe it impos- 
sible that they shall conserve public order in the other parts if they 
do not occupy them, it appears to me that, as I stated to your 
excellency, to authorize them to conserve order is equal to author- 
izing them to take possession of the archipelago and establish in 
it their authority before the ratification of the treaty. It will be 
demanded of them (as your excellency charges for the second time), 
if previously you do not modify your instructions, that before the 
conservation of order is intrusted to them they must deliver the 
prisoners now in the hands of the Tagalos. I believe they will say, 
if the Tagalos do not voluntarily deliver them, it will be necessary 
to make use of arms to oblige the delivery, so they will gain, under 
pretext of liberation of prisoners, the same object which they wish 
to realize by means of the conservation of order. In short, I pre- 
sume they will aspire to appropriate to themselves the archipelago 
before the ratification of the treaty, as they will succeed in getting 
possession of Cuba and Porto Rico by means of the anticipated 
evacuation, which was settled in the protocol of Washington. I 
assume that the number of prisoners in the Philippines which your 
excellency mentions is outside the garrison of Manila. 

MOXTERO Ri'os. 



352 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 119. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 47.] Madrid, December j, i8g8. 

Received confidential letter from your excellency No. 20 [not 
printed], consulting as to what answer shall be made to the Ameri- 
can demands of an accessory character and foreign to the protocol. 
I have the honor of referring to telegram No. 46, sent last night. If 
the American Commissioners make their commercial concessions in 
the Antilles to depend upon the discussion and acceptance of said 
demands, as a telegram just delivered to me leads to believe, I beg 
your excellency to please to inform me, in order to give an account 
to the Council of Ministers, to the end that they come to a conclu- 
sion. In the interim, and in reference to the treaties, without a 
careful examination of all those whose renewal they solicit, I agree 
absolutely with your excellency as to those which may be accepta- 
ble and those prejudicial. It may be possible that a more leisurely 
examination may show obstacles which we have not yet seen. For 
this reason it is indispensable to make a careful study of this sub- 
ject. This reason, aside from others already set forth, counsels sepa- 
rate negotiations relative to such matters, without confusing them 
in the treaty of peace, and for such reasons the mode of procedure 
already indicated is advisable. By means of it, at all events, we 
will succeed in discussing the accessory demands after having 
agreed and settled the details derived from the protocol. The copy 
of the articles agreed upon, which your excellency says were inclosed 
in your letter No. 20, were not in the envelope. The telegram in 
reference to the Maine is interesting. It strengthens my opinion 
set forth to your excellency on various occasions regarding the utility 
of Spain vindicating herself from the accusation made in the United 
States regarding the cause of the explosion. 

Almodovar. 



No. 120. 

The President of the Spanisli Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 49.] Paris, December 3, i8<p8. 

The Americans are apparently convinced of our irrevocable 
decision, which this morning our general secretary reiterated con- 
fidentially to them, of not entering into discussion regarding the 
accessories before the principal matters of the treat)' are concluded, 



SPANISH CORRESPONDENCE AND DOCUMENTS. 



v3D0 



because our opinion regarding accessories was inspired by their 
proceedings regarding the principal. Being this afternoon in con- 
ference, they begged that it be suspended until Monday. I suppose 
this delay is caused by the necessity of consulting their Government 
regarding various points of the treaty proposed by us. 

MONTERO Rfos. 



No. 121. 

The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 48.] Madrid, December 4^ iSgS. 

Received your excellency's telegrams Xos. 48 and 49, which by 
accord of the Council of Ministers I have the honor of answering. 
In respect to the contents of the first, the Government judges (the 
same as the Commission) that to accede to the American demand 
regarding conservation of order in the archipelago would be the 
same as authorizing dominion before the ratification of the treaty. 

The formula suggested by your excellency, that the Spanish and 
American authorities come to an agreement as to the means of 
giving security to lives and property in that territory under the 
dominion of each, is acceptable. Will your excellency please, there- 
fore, propose this solution, without prejudice to soliciting of the 
Americans their good offices, influence, and even coercion against 
the Tagalos, in order that the Spanish prisoners, military and civil, 
which they hold may be put at liberty? 

In regard to the question raised by the accessory demands of 
the Americans, the Government briefly states its views as follows: 
There are two aspects which should be judged separately. The 
first — that of procedure — does not counsel mixing in the treaty of 
peace matters foreign to those agreed upon in the protocol of 
Washington. Such matters, if they must be the object of agree- 
ment for mutual advantage, should be occasion for negotiations 
independent of the treaty of peace. The system of not mingling in 
said treaty matters found outside those agreed upon in the pre- 
liminaries of peace was recommended in the general instructions 
delivered to the Commission before their departure for Paris. By 
a principle which experience justifies, it is better to covenant 
separately regarding points foreign to the protocol of peace. The 
renewal of old pacts in the text of the treaty of peace is neither 
necessary nor advantageous. The treaty of peace being signed, 
both Governments then would be able to reestablish.what was suit- 
able by an exchange of notes. 
s D c 23 



354 SPANISH CORRESPONDENCE AND DOCUMENTS. 

The second subject for examination is what is of utility for Spain 
in the accessory demands of the United States. The Government 
has already passed upon this matter, finding the cession of an island 
in the Carolinas, the concession for landing cables in other Spanish 
territory, and religious liberty in the Carolinas not acceptable. 
Reports received since this expression of the opinion of the Govern- 
ment indicating that the Americans might make the referred-to con- 
cessions on the part of Spain conditional in granting the commercial 
advantages and other regulations in the Antilles, gave occasion for 
telegraphing to your excellency in a less categorical form the de- 
cision not to accept any of the accessories. Only the desire to save 
for the interests of Spain the advantages which the Americans might 
make conditional upon our compliance with the above-cited demands 
can admit this more favorable resolution of the Government. 

According to what you say in your telegram No. 49, the Ameri- 
can Commissioners consent that the accessories be not disposed of 
until terminating the principal points. If they conform to this in 
the session of to-morrow, the accessories will remain to be discussed 
afterwards in Paris or between Government and Government, and 
then there will be an opportunity to judge of the mutual advantages 
offered by the demands and their compensations. The Government 
reiterates, then, as your excellency will observe, its desire to ter- 
minate the treaty of peace in the shortest time possible; with regard 
to the accessories, without withdrawing from the position you have 
taken, it would not be inconvenient to negotiate agreements sepa- 
ratelv. Even in the matter of renewal of treaties there would not 
be difficulty regarding extradition; industrial and literary property 
(copyright) being put in vigor by means of an annexed protocol. 
This point is left to the discretion of your excellency. The other 
treaties demand a carefully considered revision, and the Government 
does not believe it advantageous to agree upon anything now. 

I beg your excellency to telegraph me if it should be certain 
that the United States at all hazards desires to join the accessory 
demands with concessions favorable to Spain in the Antilles. 

Almodovar. 



No. 122. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. 50.1 Paris, December j, i8g8. 

The conference terminated at 7 p. m. After determining the 
points of consultation pending, the first eight articles were definitely 
approved. The Americans refused that extension of freedom of 



SPANISH CORRESPONDENCE AND DOCUMENTS. 355 

tariff to Cuba and Porto Rico be part of this treaty. They agreed 
to transport at their cost the prisoners in the Antilles and Philip- 
pines, Spain to reciprocate. Nothing in any sense is said in the 
treaty'of colonial debts. 

All the material of war, including artillery of coast and fortifi- 
cations in the Philippines, recognized as belonging to Spain, Spain 
not having to retire the artillery in place for six months after the 
ratification. 

Nothing regarding the artillery in Cuba and Porto Rico, as the 
evacuation commissions have referred the matter to their respective 
Governments for solution. Americans do not accept preservation 
of order in the archipelago, it remaining recommended to an under- 
standing between the authorities of both powers. They desist in 
consequence from their claims. After the approval of these arti- 
cles, they again insisted that we take up the accessories. We again 
stoutly refused. New conference to-morrow at 2 p. m. 

MONTERO Rfos. 

No. 123. 
The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, December 6, i8g8. 
Excellency: In addition to my telegram of yesterday, giving 
account of conference No. 19, I simply remit your excellency the 
protocol of the same. 

Dios, etc., E. Moxtero Rios. 

[Inclosure: Protocol No. 19, printed on page 230, S. Doc. No. 62, 55th Cong., 
3d sess.] 

No. 124. 
The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 51.1 Paris, December 6, i8g8. 

In the session of to-day there were definitely approved the first 
eight articles, which contain : 

First. Renunciation of the island of Cuba. 

Second. Cession of Porto Rico and other islands. 

Third. Cession of the Philippines, and payment of twenty 

millions. 

Fourth. Transportation to Spain of the Manila garrison, with 
their arms, at the cost of the United States. 



356 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Fifth. Cession of public property, with the exceptions set forth 
in the article lately sent your excellency. 

Sixth. Mutual renunciation of all claims, national and individual, 
including expenses of war, arising from occurrences since the begin- 
ning of the last Cuban insurrection. 

Seventh. Tariff exemptions for ten 3'ears, solely in the Philip- 
pines, for Spanish ships and merchandise. 

Eighth. Liberation of prisoners on signing the treaty, the United 
States under obligation to use diligence in obtaining freedom of 
prisoners in the hands of the insurgents. 

As addition to No. 4, it is agreed that all the material of war, 
both land and sea, including all the heavy artillery in position, to be 
the property of Spain, although Spain will not retire said heavy 
artillery until six months after the ratification of the treaty. Respect- 
ing article 8, it is agreed also that the transportation of the prisoners 
which are to be liberated will be at the cost of the power liberating 
them, the prisoners to be sent to the territory of their nationality. 
Again refused American request for immediately discussing acces- 
sory claims, and entered into discussion of the other articles of the 
Spanish draft. They wish to limit to those who may be actually 
there the rights recognized for Spaniards in the territories ceded 
and renounced. In this article they desire, besides, that the follow- 
ing clause be included: "It is understood that any obligations con- 
tracted by the United States respecting Cuba will be limited to the 
time of its occupation of the island." Your excellency will note the 
general form of the drawing of this clause, which gives reason to 
suspect that they will wish to apply it to the eight articles already 
approved. The Spaniards from now on who may go to those terri- 
tories will be the same as any other foreigners. They wish to limit 
tariff exemptions of books to ten years. They refuse the articles 
relative to the return of deposits and guaranties on contracts and 
concessions for works of public service, they refuse to grant pen- 
sion to the descendants of Colon, and refuse an international inquiry 
of any kind regarding the Maine catastrophe. 

I call the attention of your excellency to the unfriendly message 
to Congress yesterday of the President of the Republic, in which he 
speaks of this matter. The American Commission does not desire 
more discussion — only the categorical answer of Spain regarding 
all this. Touching the clause which limits the obligations of the 
United States in Cuba to the time of occupation, they say if it is not 
admitted by Spain they will not be able to continue the negotiations. 
I beg your excellency that after all these proceedings you will please 
tell me whether or not we shall accept such demands. I urgently 
await your decision. 

MoNTERO Rigs. 



SPANISH CURRESPONDENCE AND DOCUMENTS. 357 

No. 125. 
The Minister of State to the President of the Spanish Peace Commission. 

I Telegram. — Translation.] 

No. 49.] M -ADR II), December 7, i8g8. 

Received at daylight to-day your- excellency's telegram Xo. 51. 
I read it to the President, and he has called a meeting of the Coun- 
cil for this afternoon at half-past 3, with the object of an early 
answer to the inquiries which your e.xcellency is pleased to make. 

Almodov.ar. 



No. 126. 
The Minister of State to the President of the Spanish Peace Commission. 

[Telegram. — Translation.] 

No. 50.] Madrid, December y.^ i8g8. 

The Council of Ministers met for the purpose of considering 
your excellency's telegram and the articles of the treaty — the eight 
accepted already, as well as those proposed by the Spanish plenipo- 
tentiaries. I have the honor of communicating to your excellency 
the following: The most important question consists in the pro- 
visional situation in which the interests of the Spaniards in Cuba 
will have to remain by the limitations the United States imposes to 
the guaranty of what is stipulated in the treaty, making such guar- 
anty to depend upon their occupation of the island. The objec- 
tion occurs to the Government that the limitation leaves without 
definite protection the persons and goods of Spaniards in the Grand 
Antille, and at the mercy of the arbitrariness of an independent 
government of the island, which is not considered restrained by any 
pact with the Government of Spain. It is not to be supposed that 
the United States propose to create a state precarious to the sub- 
jects of the Crown of Spain in that territory, leaving them in such 
conditions of insecurity as to make impossible their residence, the 
enjoyment of their estates, and the exercise of their rights and 
professions. Now that the United States do not desire to contract 
obligations beyond the time of their occupation, they should grant 
to the Government of Spain the guaranty that an independent gov- 
ernment in Cuba will respect the rights acquired in the treaty which 
we covenant now, or at least that they will use their recognized 
influence that these rights be not disavowed. If this at least does 
not seem acceptable to the Americans, we should ourselves set forth 
our express reservation of maintaining or reviving such rights with 
regard to the new state which is constituted. In relation to deny- 
ing all inquiry in regard to the Maine catastrophe the Government 



358 SPANISH CORRESPONDENCE AND DOCUMENTS. 

considers, as it has judged up to this time and since the message of 
McKinley, if possible more urgently, that it is necessary to increase 
the efforts to refute the offense launched against Spain. For this 
reason I beg of your excellency that an inquiry be again proposed 
regarding the cause of the explosion. If denied, as is to be sup- 
posed, you should ask that such inquiry be submitted to an arbi- 
tration. At any rate the refusal of the Americans and our desire to 
clear up the cause of the catastrophe, being shown in the protocols 
of these conferences, will prove the good and bad faith. Respecting 
the other points contained in the telegram of your excellency, the 
Government is in conformity with the propositions of our Com- 
mission, and it is left to your excellency not to omit any means in 
order to obtain what is possible. 

Almodovar. 



No. 127, 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, December 7, i8g8. 

Excellency: By my telegraphic dispatch of last night, your 
excellency will be informed as to what occurred in the last confer- 
ence. I am awaiting your answer, so this Commission may be 
guided by your directions regarding the new proposals of the Ameri- 
can Commission. If your excellency instructs us to decline them, 
I believe that when we so notify the American Commission the 
negotiations will terminate. For such purpose I will draw up a 
short memorandum which we will present, stating that the treaty 
should be limited to the eight articles contained in the final pro- 
posal of the American Commission definitely approved, and which 
for the reasons expressed put a definite end to the state of war between 
Spain and the United States. 

Considering the attitude of the United States, Spain truly loses 
nothing if other articles are not included in the treaty, because they 
would not provide other than a few declarations of international 
public right, which there is every reason to believe the American 
Union, at least out of respect for the civilized world, would not vio- 
late in any event. 

The American Commission, as you have been informed by my 
telegram, refuses to acknowledge the contracts entered into by the 
Spanish Government and its authorities regarding public works 
and services in the territories which cease to belong to Spain; also 
regarding concessions of public works, such as harbors, railroads, 
etc., pending execution and fulfillment. This irritating refusal of 



SPANISH CORRESPONDENCE AND DOCUiMENTS. 359 

the United States illustrates their conduct. Germany did not go 
to this extreme, in spite of her severity with France, in treaties 
which in 1871 put an end to the conflict between those nations. 

And as if this were not sufficient, they even refuse to return to 
private persons and others interested the deposits, guaranties, and 
obligations placed in the treasuries or public establishments of the 
countries Spain cedes or relinquishes and the United States takes 
possession of. It is difficult to qualify with the severity which this 
refusal merits such an attack upon private property. 

In the meanwhile, according to the United States, the obliga- 
tions which Spain undertakes on her part regarding the island of 
Cuba must be of a permanent and definite character, but they them- 
selves claim nothing less than that the obligations which on their 
part are undertaken respecting the Great Antille are not to have 
force and effect, except during the time of the occupation of that 
island by the American forces. 

And as a crowning act of their conduct they refuse that an inter- 
national inquiry be set on foot for the purpose of clearing up the 
causes of the Maine catastrophe to show there is any responsibility 
with Spain for said catastrophe. Also, the President, on opening of 
Congress the 5th of this month, referred to the same incident in 
terms offensive to our nation for no other purpose than the justifi- 
cation of the iniquitous war of which the United States has made 
Spain a victim. 

Dios, etc., K. Montf.ro Ri'os. 

[Inclosure: Protocol No. 20, printed on page 235 et seq., S. Doc. No. 62, 55th 
Cong., 3d sess.] 

No. 128. 

The President of the Spanisli Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 52.] Paris, December 8, i8g8. 

Received at 9 this morning telegram No. 50 from your excel- 
lency. The Commission convened, it was resolved, complying 
with instructions, to make in the session of this afternoon the two 
motions your excellency recommends. The session opened at 2 
o'clock. Senor Abarzuza offered the resolution relative to the 
limitations which the United States put to its obligations regarding 
the island of Cuba. The American Commission agreed that there 
should be added in their article what was necessary to set forth 
that on the termination of the military occupation of the island of 
Cuba the United States "would counsel" the independent govern- 
ment which is established in the island to observe what is set forth 



360 SPANISH CORRESPONDENCE AND DOCUMENTS. 

in this treaty. General Cerero demanded fresh information regard- 
ing the Maine catastrophe, and at least arbitration respecting said 
charge or accusation. Twice the American Commission refused to 
treat on the subject. At this juncture I presented a memorandum 
(copy of which I send your excellency by post to-day). The Ameri- 
can Commissioners proposed discussion of their accessory articles 
jointly with the acts of the conference of 6th instant. I informed the 
Commission that any understanding regarding them must be apart 
from the treaty, because they were foreign to it. Regarding sale of 
the Carolina Islands we refused proposition, because at this time the 
Government had no intention of alienating said islands, and also 
because we lacked constitutional powers. We refused the landing 
of cables, because if placed in the treaty it might imply an easement 
on the national territory which the Government was not empowered 
to create, and because the United States could ask it administra- 
tively, the same as foreign companies had. We refused any declara- 
tion regarding religious liberty of American missionaries in the 
Carolinas, as there was no proposal pending to act upon, and also 
because the constitution of Spain designated the rights of this class in 
the matter of religion. We refused finally revival of treaties urgently 
demanded by the Americans, as it was necessary to make a previous 
study of each one for both Governments afterwards to agree when 
they should desire a revival of the agreements which were mutually 
satisfactory to be put in force. They proposed equality of treatment 
for ten years of vessels of both nations as regards rights of ports, ton- 
nage, light-houses, loading, and discharging. As Spain has no 
differential right of flag, we accept for what it is worth, but putting 
the clause of termination with six months' previous notice. After 
this, discussion of treaty closed, committing to the secretaries the 
preparation of two copies, in Spanish and English, for signature 
and seal as soon as prepared. By to-morrow's post I will remit your 
excellency the corresponding note and confidential communication. 

MoNTERO Rigs. 

No, 129. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, December g, i8q8. 
Excellency: By my telegraphic dispatch No. 52, of last night, 
your excellency is informed as to what occurred in the last confer- 
ence held. Finally we have arrived at the end of these laborious and 
difficult negotiations. As the telegraphic dispatch above mentioned 
was sufficiently detailed, there is no necessity of adding anything 
of importance to this. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 36 1 

The course of the American Commission in refusing the impor- 
tant articles which we presented, and the one which had for object 
the appointment of an international commission of inquiry regarding 
the J/rt^///.? catastrophe, gave me occasion to present a short memoran- 
dum of protest, not only on this concrete point, but also regarding 
all that has occured in the conferences. The copy of tliis memoran- 
dum I had the honor of sending to your excellency by yesterday's 
post. Before presenting it, the protest was read to my worthy 
associates, who were pleased to express their approbation. On 
account of tl:e statements made in the session by Senor Abarzuza, 
in compliance with your excellency's instructions regarding the 
limit which the American Commissioners strove to put to their 
obligations, they consented that the treaty should set forth that they 
would recommend to the independent government of Cuba (if one 
were established) that it continue such course of action. I at once 
added to said memorandum a paragraph on this point. 

It alone remains to sign and seal the treaty in duplicate in the 
languages of both nations, in order to close the conferences which 
began October i. I expect this will be done, if not to-morrow, on 
the coming Monday, it depending upon the general secretaries being 
able to prepare said papers, and besides the protocol for the pur- 
pose of legalizing the signatures and rubrics, which are a necessary 
formality. I will duly inform your excellency by telegraph of the 
signing of the treaty. 

Dios, etc., E. Montero Rios. 

[Inclosure- Protocol No. 21, printed on page 249 el seij., S. Doc. No. 62, 55th 
Cong., 3d sess. ] 



No. 130. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram.— Translation.] 

No. c--.] Paris, December 10, i8g8. 

The treaty has just been signed. Previous to signing, the Ameri- 
can Commission presented an answer to our last memorandum pro- 
test. Style is considerate and temperate. Says regarding the right 
of option of natives of countries ceded that American Congress would 
determine in conformity with its customs, which never oppress or 
lessen the rights of residents in their dominions; that the American 
Government will respect contracts which according to international 
right would be obligations for the United States as successors of 
Spain; that they will return special amounts which come into their 
hands,' and are on deposit, as guaranty, when the obligations and 



362 SPANISH CORRESPONDENCE AND DOCUMENTS. 

contracts connected with them are complied with. Regarding the 

affair of the Maine, they are obliged to decline all discussion on 

account of "precedents well established and practiced in the his- 

tor}' of their country. " As your excellency will observe, they accede 

in respect to contracts and deposits, because the documents in which 

this is set forth form part of the protocols. By post to-morrow I 

will remit your excellency copies of these documents and of the 

treaty. 

MoNTERO Rigs. 



No. 131. 

The Alinister of State to the President of the Spanish Peace Commission 

[Telegram. — Translation.] 

No. 51.] Madrid, December 11, i8g8. 

Received your excellency's telegram No. 53, of which I gave an 
account this morning to His Excellency the President of the Coun- 
cil of Ministers. I reiterate the congratulations which on having 
knowledge of your telegram No. 25 he was pleased to address to 
your excellency in his own name and in the name of the Government 
for the skill and rectitude of your excellency and the Commission in 
the defense of the rights of Spain. Thanks to them, the Commis- 
sion has succeeded in making it evident that only the resolute design 
of ignoring the most elemental judicial principles has been able to 
impede the success of a negotiation of which, if we had little to 
expect, we had cause to suppose greater respect for justice and inter- 
national law. The ratification of the Americans at the last hour 
regarding the option of nationality, deposits, and contracts, although 
tardy and incomplete, reveals a certain misgiving as to the opinion 
the United States would merit from the judgment of the civilized 
world, and is the result of the severe opinion given in the last memo- 
randum protest of the Spanish Commission. 

Almodovar. 



No. 132. 

The President of the Spanish Peace Commission to the Minister of State. 

[Telegram. — Translation.] 

No. 54.] Paris, December 12, iSgS. 

Received telegram No. 51. This Commission, to whom I have 
communicated its contents, is obliged to your excellency for your 
congratulations, as is also the undersigned. 

MoNTERO Rigs. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 363 

No. 133. 

The President of the Spanish Peace Commission to the Minister of State. 

[Translation.] 

Paris, December 11, i8gS. 

Excellency: As I reported by telegraph to your excellency, 
last night at 9.30 the signing of the treaty by the American and 
Spanish Commissioners took place in the salon where the confer- 
ences had been held, and which with supreme courtesy the Minister 
for Foreign Affairs of the French Republic placed at the disposal 
of said Commissioners. With this act these conferences, more labo- 
rious because of the character of the deliberations than for their 
long and unusual duration, are definitely closed. 

Before holding the conference of yesterday the American Com- 
mission sent to the Spanish Commission the written answer to 
our last memorandum protest. This document was characterized 
by great moderation in expression, and moreover also showed the 
desire in the American Commission of lessening the effect of its 
unjustified refusal of several of the most important articles which 
the Spanish Commission had lately proposed for the treaty. In 
the memorandum is made great protestation of the purposes of the 
Congress of the United States respecting the interests and rights of 
Spanish residents in the territory Spain has ceased to possess, as 
well as of the right of the natives of the same to elect for the nation- 
ality which they prefer, notwithstanding they appear depressed by 
the fear that the number may be so considerable who would make 
this option that it might be able to compromise the new sovereignty 
in those countries — an unfounded fear, for the sacred right of men 
to choose the citizenship they prefer is naturally limited by the right 
of territorial sovereignty to exclude or expel those who are able to 
compromise the internal safety of the state. They guarantee that 
the United States will respect all contracts for works and public 
service which the Spanish Government had entered into in the 
territory referred to in the treaty if, by international right, they are 
valid and should be obligatory for the new sovereign as successor 
of the former. 

They offer also to return to Spanish citizens the deposits, credits, 
and guaranties which come into the hands of the American authori- 
ties when the obligations are complied with for which said sums 
are a pledge and their restitution therefore proper, making solemn 
protest that it never entered the minds of the American Commission 
to attack, disavow, or fail to respect private property. 

As to the question of the Maine, in a courteous manner they 
decline to answer, on account of being forbidden by established 



364 SPANISH CORRESPONDENCE AND DOCUMENTS. 

precedents and practices of their country. The truth is that above 
all these precedents preponderate for the American Commission 
the impossibility of giving a satisfactory answer to the Spanish pro- 
test, on account of the act, contrary to the most elementary obliga- 
tion of generosity and prudence, of the President of the Union in 
recalling the Maine incident, with phrases offensive for Spain, on the 
most solemn occasion which the United States has in public life, 
and when it was on the point of concluding the negotiations for the 
reestablishment of peace. 

As the American Commission set forth in the last paragraph of 
said paper flattering phrases regarding the Spanish Commission, 
this Commission considered itself under the obligation of courtesy 
to express in the last session their sentiments of gratitude for these 
expressions, and to reciprocate them, stating that it recognized the 
prudence and courtesy with which personally the American Com- 
missioners had comported themselves toward the Spanish Commis- 
sioners during the very difficult discussions of these conferences. 
This assuredly is the truth. The American Commissioners, under- 
standing very well how irritating their unjust mission was, tried to 
temper its form by means of a proper tone in their phrases and con- 
duct during such trying sessions. 

The treaty is the pure expression of the immoderate demands 
of a conqueror, who, in order to appear great in history, ought to 
have made moderate use of its victory. The Spanish Commission 
succeeded in saving the name of its country and its dignity, although 
it was impossible to save its interests, irremissibly compromised. 

Copies accompany this dispatch: First, of the written answer of 
the American Commission to the last memorandum protest of the 
Spanish Commission; and, second, of the treaty signed yesterday. 
The original, with the official protocol of the conferences, I will have 
the honor of personally delivering to your excellency very soon, 
although my return depends upon the conclusion of the work of 
breaking up and closing the office of this Commission. 
Dios, etc., 

E. Mont ERG Rios, 

[Inclosure: Protocol No. 22, printed on page 260 et seq., S. Doc. No. 62, 55th 
Cong., 3d sess.] 



No. 134. 

Treaty of peace between the United States and Spain, signed at Paris, 

December jo, i8g8. 

[Printed on page 263 et seq., S. Doc. No. 62, 55th Cong., 3d sess.] 



SPANISH CORRESPONDENCE AND DOCUMENTS. 365 

No. 135. 

The President of the Spanish J'eace Commission to the Minister of State. 

[Translation. ) 

Paris, Deieni/>er //, /Sg8. 
Excellency: I have the honor of placing in the hands of your 
excellency the prctocol of the conferences held by the Commis- 
sioners of the Governments of Spain and the United States for the 
purpose of establishing peace between both countries. These con- 
ferences began October i and terminated the loth of this month. 
With the protocol I deliver also one of the two copies in Spanish 
and English of the treaty of peace signed the loth of tliis month by 
the members of both Commissions. 

Although constantly, and conference by conference, I had the 
honor of giving your excellency an account of what occurred in each 
one, and of transmitting exact copies of memoranda and proposi- 
tions of articles which during these sessions were presented by both 
sides, I consider it opportune to repeat briefly what occurred in 
these conferences as an epilogue of the history of such laborious 
negotiations. 

The protocol containing the preliminary bases for the peace which 
had been signed in Washington August 12, 1898, fixed the very nar- 
row limits by which the Spanish Commissioners in negotiations should 
be guided. That document was drawn up by the Washington Gov- 
ernment with an intention which at first glance did not reveal its full 
purpose, but permitted a glimpse of the facts which were later shown 
completely in the deliberations of the Paris conferences. 

In the note of the ambassador of France of the 31st of last July is 
included the answer given by Mr. Day (at the time Secretary of 
State of the American Government) to your excellency's dispatch 
proposing peace. There were established and formulated solely 
three bases as the ones necessary for the establishment of peace; 
and although mention is made in the first two of the immediate 
evacuation of the islands of Cuba and Porto Rico by the Spanish 
troops, and it is also said that the preliminaries of peace should 
depend upon the approbation which must be given by the American 
Senate, it followed that said evacuation had to remain subordinate 
to the approbation and therefore could not precede it. 

But the American Government thought it advantageous to its 
ends to change the form in which the preliminaries of peace should 
be concerted, although affirming that in doing so this new form 
would not alter in any manner the conditions fixed upon in the cited 
note of July 31. It did not, nevertheless, turn out so, because in the 
protocol besides said conditions which form its first three articles is 



366 SPANISH CORRESPONDENCE AND DOCUMENTS. 

included another, No. IV, according to which the evacuation of the 
two Antilles must precede not only the conferences of Paris, but also 
the approbation of the negotiations by the American Senate. 

Article III of the protocol contained great dangers for the full 
sovereignty of Spain in the Philippine Archipelago. The Govern- 
ment of His Majesty so understood it at the time, and called the 
attention of the ambassador who was representing the Government 
in the negotiation to this point. This distinguished diplomat — his 
conduct inspired by these instructions — endeavored to avoid those 
dangers, demanding of the American Government greater clearness 
and precision in the expression of the article. These efforts before 
the invincible resistance of the Washington Government were fruit- 
less. The Government of His Majesty looked into the future, 
because in the note of August 7 the Government made it evident 
that on accepting the above-mentioned article the sovereignty of 
Spain in the archipelago was left in safety. These were the condi- 
tions under which the conferences of Paris opened October i. 

The history of what occurred in them is clear (at least) in the 
records of the sessions and in the memoranda and proposals of 
articles presented by both parties until the conclusion of the treaty. 

From the beginning the Spanish Commission understood that 
there were two principal problems to which all their efforts should 
be directed in order to avert, under the protection of justice, as far 
as possible, the dangers which threatened the sacred interests His 
Majesty's Government had confided to it — first, the debts and other 
obligations the Crown of Spain had contracted in benefit of or for 
the account of the lost colonies; second, the conservation in all its 
integrity of the Spanish sovereignty in the Philippine Archipelago. 

In the negotiations carried on in Washington in the first days of 
August nothing was said regarding the colonial debts and obliga- 
tions, and no reference is made to them directly or indirectly in the 
first two bases for peace; but the Spanish Commission believed 
that without infraction of said bases, and accommodating them, 
on the contrary, to the interpretation which a sound judicial judg- 
ment should give, it was proper to demand that with the sovereignty 
of the Spanish colonies ought to pass the obligations which the 
general Government had contracted in the exercise of said sover- 
eignty, in benefit of the same, or on account of the public service. 
It was maintained, therefore, that Spain, in renouncing and ceding 
her sovereignty in the two Antilles, transmitted also, as part of the 
sovereignty, the special obligations belonging to them. Effort was 
made to demonstrate to the American Commission that it was not 
necessary to have an express pact on this point, as the transmission 



SPANISH CORRESPONDENCE AND DOCUMENTS. 367 

of the colonial charges and obligations were imposed by common 
international law, set forth by the most illustrious authors, including 
those of the American nation, and respected in the most important 
treaties celebrated in modern times which had for object the cession 
of part of a domain. 

Without entering into a special examination of each of the del)ts 
of this class contracted by the general G(wernment, the Spanish 
Commission limited itself to an affirmation of the principal funda- 
mental truth and demonstration of its justice and the practice up 
to the present time of civilized states. 

The Spanish Commission held that not only the attributes, but 
also the obligations, should constitute sovereignty, and upon losing 
the attributes Spain remained exempt from the obligations also; 
because one and the other are knit together, as effect is bound up 
with the cause producing it, the whole forming the sovereignty which 
Spain ceded and renounced. Confronted by the obstinate opposition 
of the American Commission, the Spanish Commission, in order to 
demonstrate the good faith with which it argued and the rectitude of 
the intentions which inspired its debates, proposed to the American 
Commission that a commission nominated by both parties, with all 
the conditions of capacity and impartiality that would be necessary, 
should examine each and every one of the conditions of those obliga- 
tions, in order that the cession would embrace those debts which, 
having been legally constituted solely for colonial service, had there- 
fore in their creation been placed as a charge upon the colonial 
treasury, and were not to be confounded with the proper obligations 
exclusively appertaining to the general Government, and on this 
ground should pass with the colony to the new sovereign. The effort 
of the Commission was fruitless. The American Commission main- 
tained that the obligations of the sovereign did not form part of the 
sovereignty; that Spain in the protocol had bound herself to re- 
nounce the island of Cuba, and according to that Commission this 
renunciation was equivalent to an abandonment; consequently, 
neither the United States nor the island were under obligation to 
accept the debts of the general Government. They tried, although 
uselessly, to seek reasons for their theory by examination of each of 
the debts contracted by the general Government for the account of 
Cuba or for its benefit. They persisted in maintaining that the debt 
which had been created to cover the expenses of the civil war Spain 
had been obliged to maintain in order to put down the insurrection 
of its own subjects in that Antille should be exclusively held to the 
account of the general Government, as though the preservation of 
public order in the territory over which sovereignty extended was 
not one of the prerogatives of a sovereign. Finally, they refused to 



368 SPANISH CORRESPONDENCE AND DOCUMENTS. 

concede an examination, by arbitration, of those obligations, per- 
sisting in refusing their acceptance, and demanding of the Spanish 
Commission, as a condition of further continuance of the negotia- 
tions, that it accept the articles which had been presented relating to 
the renunciation of sovereignty in Cuba and cession of Porto Rico. 

The Spanish Commission, having -exhausted all the arguments 
which in their opinion bore upon the subject which they had been 
sustaining, confronted by the ultimatum of the American Commis- 
sion, proposed, and the latter accepted, that, without denying in the 
least the right which appertained to Spain (according to the opinion 
of its Commission) that the obligations peculiar to the colonies 
should pass with the colonies ceded or renounced, the negotiations 
of the treaty should be continued, because the advantages conceded 
to Spain might be such in other matters that she could afford, by 
way of adjustment or settlement, to give up more or less of her right 
relative to this important point. 

In the conference there was also discussed with great constancy by 
the Spanish Commission the question of the validity and effectiveness 
of the mortgage character of the Cuban debt. The American Com- 
missioners refused to acknowledge the mortgage. The Spaniards, on 
their part, with all solemnity, time and again asserted that Spain never 
would consent that a foreign power should discuss the legitimacy and 
validity of the acts of her domestic government, nor would assist in 
denying or lessening the legality or efficacy of the rights of those cred- 
itors who, according to the foundation of their credits, had acquired 
the right of mortgage upon the proceeds of imports, direct and indi- 
rect, of the island of Cuba and of the custom-houses of Cuba and the 
Philippines. This important question relative to the transferring of 
the colonial obligations remained without being determined in the 
conferences, and does not appear set forth in the treaty. The United 
States, it is true, did not propose to take upon themselves, nor 
impose upon the island of Cuba, the colonial debts; and, upon the 
other hand, neither did Spain directly or indirectly acknowledge 
that these debts should not pass with the colonies. Before the firm 
attitude of each Commission arose naturally, without express agree- 
ment, the only solution possible, which consisted in not placing in 
the treaty anything referring to the debts. The situation therefore 
continues, regarding this point, as far as Spain is concerned, in the 
same state it was upon the opening of the negotiations in Paris. Spain 
continues to be burdened with the direct and principal obligations 
contracted upon creating a portion of these debts; but in respect to 
the mortgage debt she is in the same situation she was before sign- 
ing the treaty — that is to say, obliged, but only in a subsidiary 
manner, to the acknowledgment and payment of it, or, what is the 



SPANISH CORRESPONDENCE AND DOCUMENTS. 369 

same, when the security which primarily serves as a guaranty to the 
holders is insufficient. 

It was to be expected that the American Commission, upon 
accepting that form of adjustment which the Spanish Commission 
proposed in order to continue the negotiations, would offer Spain 
advantages on other points which were to be the object of the 
treaty under consideration; because if such advantages were not 
offered Spain would not find herself, according to the terms of the 
above-mentioned understanding, in the position of ceding more or 
less of her right and taking upon herself a greater or less part of the 
colonial responsibilities. 

This expectation was delusive. The American Commission im- 
mediately proposed the cession on the part of Spain of her sover- 
eignty over the Philippine Archipelago in favor of the United 
States, offering Spain the small compensation of tariff immunity for 
ten years and the payment of ^20,000,000 in gold. 

The Spanish Commission maintained with all the energy it was 
capable that not only was this cession not comprehended in Article 
III of the protocol, but that it was a very serious infraction of the 
preliminaries of peace; that the conference of Paris could not con- 
cern itself regarding the Philippines otherwise than to discuss the 
control, disposition, and form of government which Spain was to 
establish in the archipelago — the only points which were mentioned 
in Article III of the protocol of Washington, and the determination 
of which rested upon the basis that the sovereignty must continue to 
the Crown of Spain. It was shown by the text of the negotiations 
had in Washington for the completion of the preliminaries of peace, 
and by the words of the President of the American Union, that in the 
notes of these negotiations it was set forth that Spain, without con- 
tradiction upon the part of the American Government, had expressly 
reserved her sovereignty in the archipelago. Resistance was of no 
avail. The American Commission formulated its ultimatum, de- 
manding that the Spanish Commission accept the cession claimed, 
because otherwise the negotiations would be broken off. 

It is clear that this rupture would annul the preliminaries of 
peace and produce the effect of an immediate renewal of hostilities. 
The Commission, as your excellency knows, consulted the Govern- 
ment of His Majesty, and, following its positive instructions, had 
to submit to such an arbitrary ultimatum, although it solemnly 
delivered a protest, stating that Spain's rights were violated and 
that she yielded solely to the force which had been made use of, 
because now Spain had no sufficient means to oppose it. 

The Spanish Commission, at the time it was defending the sover- 
eignty of Spain in the archipelago, demanded of the American 

S D C 24 



370 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Commission (under tlie provisions of Article VI of the protocol of 
Washington) that they acknowledge the nullity of the surrender of 
Manila — an act done in violation of the agreement in that article — 
and that consequently the United States recognize the obligation 
which they had of indemnifying Spain for the grave prejudices suf- 
fered on account of that action, notoriously illegitimate because the 
Spanish military forces in the archipelago were rendered useless in 
putting down the insurrection of its inhabitants. 

It is unnecessary to say that — although the American Commission 
did not venture to maintain, as their Government had maintained 
last September in the notes exchanged through the French ambassa- 
dor, denying the contention of the Spanish Government that accord- 
ing to Article VI of the protocol the suspension of hostilities should 
date from the signing of the protocol and not from the time the 
commanders of the belligerents received notice of it — the Commis- 
sion, supported by reasonings which could not endure examination, 
refused to recognize the illegitimacy of that act of force and its con- 
sequences for the United States. 

The Spanish Commission, obliged by the ultimatum imposed by 
the American Commission, had nothing to do but agree with the 
American Commission on the articles of the treaty which the impo- 
sition of the ultimatum had for its sole and exclusive object. The 
dignity of Spain would not permit (as the Government of His 
Majesty believed) of treating upon other points in a conference in 
which, after all that had passed, the Spanish Commission could not 
deliberate with necessary freedom from the moment it was obliged 
to submit itself (as it solemnly made known), not to the empire of 
reason, but to the violence of force. 

The Spanish Commission presented, therefore, those articles 
considered indispensable for satisfying that object, and at the same 
time, complying with the instructions of your excellency, presented 
articles relative to the nomination of a technical international com- 
mission to investigate the cause of the catastrophe of the Maine in 
the harbor of Habana and declare whether in any manner, even by 
mere negligence, Spain and her authorities had any responsibility 
for the accident. 

This investigation was made the more necessary because the 
President of the United States, in his message to Congress (five days 
after the Spanish Commission had presented to the American Com- 
mission the project of these articles, and when it is fair to presume 
the President had knowledge of them by telegraph from their Com- 
mission), had no compunctions in recalling that catastrophe with 
expressions offensive to the honor of Spain and to her authorities. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 



J/ 



The American Commission not only refused the greater part of 
the articles the Spanish Commission presented in compliance of the 
ultimatum, but also refused to accept those which referred to the 
nomination of this technical international commission. 

Such an unheard-of refusal could not be acquiesced in, even in 
silence, by the Spanish Commission. It saw itself, therefore, under 
the necessity of presenting a new and severe protest, setting forth in 
it that in the future it would be improper for the United States to 
again refer to this horrible occurrence in words, clear or disguised, 
which would attribute the slightest responsibility on the part of 
Spanish authorities for it; for, contrary to all right, contrary to all 
consideration, and contrary to all respect, they denied the demand of 
Spain for a competent and impartial commission for the purpose 
of clearing up the causes producing the catastrophe. 

The American Commission, without entering into a defense of 
the course of the President of the United States, limited itself to 
declining all discussion, stating that they were forbidden from doing 
so by various precedents and practices in the history of their coun- 
try, and made proposals (in a sense favorable) regarding other arti- 
cles refused. These articles will not have place in the treaty, but 
the protocol which the Commission had prepared contains the obli- 
gation, initiated by them, that the United States will respect all 
contracts for public works or services which are valid under inter- 
national law, returning the sums given in deposit by Spanish sub- 
jects as guaranties for undertakings and obligations as soon asunder 
agreement said obligations have been complied with. 

This Commission in its trying task had the consolation of having 
the sympathy of the most worthy organs of the foreign press of 
Europe. It is, however, obliged to express its sorrow that during 
the negotiations it suffered from not seeing itself supported by the 
greater part of the newspaper publications which are considered 
the indisputable organs of opinion in Spain. The indifference of the 
public spirit, affirmed incessantly by the press; the lack of judicious 
exposition, elevated discussion, and defense of the rights of Spain, 
especially such as would assist her regarding the colonial debt (per- 
haps the most important matter to save in this conference); the 
multiplicity of criticisms constantly manifested during these nego- 
tiations regarding other matters which had to be determined in the 
treaty; the eager position maintained from the first by part of this 
press that Spain should abandon the Philippine Archipelago, on 
account of considering its conservation incompatible with national 
interests; the incessant agitation by the other part of the press that 
the Commission terminate promptly, in any manner whatsoever, 
ceding immediately to the demands of the Federal Government 



372 SPANISH CORRESPONDENCE AND DOCUMENTS. 

(and other matters), converted the Spanish press into an object of 
preeminent attention on the part of the American Commissioners. 
God grant that, in weakening the moral authority of this Commis- 
sion, and the force of their demands, and the reasons upon which 
they were founded, they may not also have roused the spirit of the 
Americans to sustain and amplify their demands. 

The Spanish Commission (within the narrow limits in which it 
was able to act, and which for Spain were irrevocably fixed in the 
preliminaries of the peace signed in Washington August 12 last) 
was inspired constantly in its efforts during these negotiations not 
only to the effort to save from the ruins of the colonial empire of 
Spain whatever might be possible, however unimportant, but also, 
above all, to the irrevocable resolution of not consenting that they 
stain the honor and dignity of the country. Spain had been con- 
quered in the war. It was indispensable that its Commission would 
not consent that she be humiliated on conceding peace. 

It is to be believed, therefore, that the Commission has done its 
duty. It understands that the treaty concluded is less prejudicial 
to Spain than it might have been, in view of the above-mentioned 
circumstances, which inevitably made their crushing heaviness felt. 
The Commission trusts that the future will demonstrate this, and it 
has hopes that in spite of the solution imposed by the terrible crisis 
through which the nation has just passed it will be able soon to 
regain its strength and grandeur. Finally, the Commission believes 
that the honor and dignity of the country has been saved in these 
sad negotiations, as fragments most precious from the shipwreck of 
the old Spanish colonial empire. 

Nevertheless, the Commission submits its acts to the judgment 
of the Government of His Majesty. 

The President of the Commission can not conclude this dispatch 
without bringing to the attention of your excellency the decision, 
constancy, and abnegation with which has been sustained the sacred 
cause of the country during these protracted negotiations by the 
distinguished members of the Commission, the Senors Abarzuza, 
Garnica, Villa-Urrutia, General Cerero, and Secretary-General 
Ojeda; also the untiring zeal and inexhaustible industry (which 
can only be explained by an intense sentiment of patriotic enthu- 
siasm) with which each and every one of those worthy functionaries 
appointed by the Government of His Majesty to lend their services 
have supported this Commission. 

All things demonstrate how worthy they are of the good will and 
gratitude of their Government. 

Dios, etc., E. Montero Rigs. 



PART IV 



NEGOTIATION FOR A TREATY OF CESSION TO THE 
UNITED STATES OF THE ISLANDS OF SIBUTU AND 
CAGAYAN DE JOLO. 



TRANSLATION. 



(Documents presented to the Cortes in the Legislature of looo by the Minister of State.) 



NEGOTIATION FOR A TREATY OF CESSION OF SIBUTU AND 
CAGAYAN DE JOLO. 



No. I. 

The President of the Council of Ministers {Minister of State) to the Min- 
ister of His Majesty at Washington. 

[Translation.] 

Madrid, January /j, igoo. 

Excellency: His Majesty's Government has been informed tliat 
the American press has echoed the statements of the Senators, Mon- 
tero Rios and the Count de las Almenas, in relation to some of the 
islands of the Philippine Archipelago being outside the line of 
demarcation agreed upon in Article III of the treat}' of Paris. 

The North American press has fallen into an error, supposing 
that said islands are situated to the north of parallel 20°, which, 
according to treaty of August i, 1895, with Japan, defined perfectly 
the ancient possessions of Spain in Oceanica. 

The islands which in reality have remained outside the demarca- 
tion set forth in Article III of treaty of Paris are situated to the 
south and not to the north of the Philippine Archipelago, and are 
called Cagayan de J0I6 and Sibutu, as your excellency will see from 
the annexed sketch traced in green ink [not printed]. 

The Spanish delegates in the Paris conferences united in accept- 
ing the demarcation the American delegates imposed. The latter 
freely fixed the limits of the territory whose sovereignty Spain found 
herself obliged to renounce, it remaining therefore tacitly agreed 
that all those territories of which special mention of being ceded to 
the United States was not made would continue under the sover- 
eignty of Spain. Therefore, it was found that the Marianas, with 
the exception of Guam, and the Carolinas, afterwards ceded to Ger- 
many, and the above-mentioned Sibutu and Cagayan de Jolo were 
in this category. It is unquestionable, therefore, that those islands, 
not being comprehended in Article III of the Paris treaty, would 
continue by right under the sovereignty of Spain. 

The Government of Great Britain would be able to allege some 
right to the island of Sibutu, according to what is agreed in Article 
III of the protocol regarding Jolo signed May 7, 1885, if it could be 
proven that the island is within 3 marine leagues of the coast of 

375 



3/6 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Borneo. But the Government of the United States could not allege 
any title whatever to this island, once outside of the polygon traced 
by its Commissioners in Paris. In regard to the island of Cagayan 
de Jolo, neither England nor any power has any claim whatever 
upon it. 

The Government of His Majesty, strong in the right which sup- 
ports it, would not have considered it necessary to make any decla- 
ration to the United States in relation to this matter if it had not 
seen in the newspaper press that the American authorities in the 
Philippines had made a military occupation of the island Sibutii. 
On this account His Majesty's Government feels obliged to direct 
your excellency to invite, in an official manner, the attention of the 
Secretary of State to the claims of Spain to rights of sovereignty 
over these two islands; at the same time protesting as to the occu- 
pation of Sibutu. 

In carrying out these instructions, in a correct and deferential 
form, your excellency should express the conviction which His 
Majesty's Government has that the United States has no intention 
of ignoring the legitimate rights of Spain. 

Francisco Silvela. 



No. 2. 

The President of the Council of Ministers {Minister of State) to the Min- 
ister of His Majesty at IVashington. 

[Telegram.— Translation.] 

Madrid, January i6, jpoo. 
The newspaper press indicate that the Americans took possession 
of the island of Sibutu, situated in the Jolo Archipelago. If this is 
so, your excellency will formulate a deferential but energetic protest, 
stating that said island and that of Cagayan de Jolo still belong to 
Spain, on account of being outside the limits of demarcation of 
Article III of treaty of Paris. Details by post. 

F. Silvela. 



No. 3. 

The Minister of His Majesty at Washington to the President of the Council 
of Ministers [Minister of State). 

[Translation.] 

Washington, February d, ipoo. 
Excellency: In due time I received the telegram which your 
excellency was pleased to send me on the i6th of January, ordering 



SPANISH CORRESPONDENCE AND DOCUMENTS. ^"J- 

me to present to this Government a proper protest against the occu- 
pation by the American forces of Sibutu on account of it, as well 
as the island of Cagayan de Jolo, being outside the demarcation set 
forth in the treaty of Paris, December lo, 1898, whicii fixed the 
limits of the territories ceded in those seas by Spain to the United 
States. 

The telegram added that details would be sent by post. 

As these might be important in drawing up the mentioned pro- 
test, I determined to await them, and yesterday received the royal 
order No. 9 of January 15, and therefore, with a better understand- 
ing of the question, to-day directed to the Secretary of State a pro- 
test note, a copy of which is annexed, and the terms of which I 
submit to the superior approbation of your excellency. 
Dios, etc., 

Thk Duke de Arcos. 



The Minister of His Majesty at Washington to the Secretary of State. 

Legation ok Stain in Washington, 

Jl'ashington, February 6, /goo. 
Mr. Secretary: I have the honor, in the name of His Catholic Majesty's Gov- 
ernment, to call the attention of the United States Government to the following 
facts: 

The treaty of peace signed at Paris, December 10, 189S, defines in detail, in its 
third article, the territories in the Pacific Ocean and the China Sea whose sover- 
eignty is ceded by Spain to the United States. The said article draws, with great 
precision, the lines comprising the ceded territories, while another article, the 
second, designates, in the clearest manner, the territory which, lying outside of 
those lines, is likewise ceded to the United States. Exclusive of what is so 
explicitly marked by the treaty, all the territories in those bodies of water which 
are not mentioned remained under the sovereignty of Spain. Such is the case 
with the Carolina and Mariana islands, excepting Guam, which were subsequently 
ceded to Germany; and such is also the case with the islands of Sibuti'i and 
Cagayan de Jolo. 

These two islands lie west of the meridian of longitude one hundred and nine- 
teen degrees and thirty-five minutes (119° 35') east of Greenwich and south of the 
parallel of latitude seven degrees and forty minutes (7^ 40) north, and consequently 
they are, beyond dispute, outside of the lines that are fixed, with all accuracy, by 
the treaty of Paris to inclose the territories ceded by Spain to the United States. 

When the aforesaid treaty was concluded, the American delegates insisted upon 
the demarcation which they thought proper, and the Spanish delegates confined 
themselves to accepting it, since they had no means to make any resistance. The 
American delegates took care that the treaty should name the territories which were 
outside of the demarcation and the sovereignty over which was likewise transferred 
to the United States, as, for instance, the island of Guam. Spain was thus delib- 
erately allowed by the Americans to retain the sovereignty and possession of Sibutfi 
and Cagayan de Jolo. 

His Majesty's Government, feeling sure of its rights, paid no attention to cer- 
tain statements published by the newspapers, if I remember correctly, in the month 
of October last, in which the sovereignty over those islands was discussed. It was, 



^"/S SPANISH CORRESPONDENCE AND DOCUMENTS. 

however, greatly surprised on seeing, recently, in the American newspapers, a 
statement to the effect that the island of Sibutd had been occupied by the Federal 
forces. 

This statement may not be true, in which case I will thank the honorable Secre- 
tary of State to so inform me. Or, if it is true, the step in question may have been 
taken without superior orders and merely through the indiscreet and ignorant zeal 
of a subordinate military officer. In the latter case, I hope that orders for the 
withdrawal of those forces will be issued without a moment's delay. But, in case 
the step has been taken with the consent and approval of the United States Gov- 
ernment, which does not seem probable, I am obliged formally to protest against it 
in the name of the Government which I represent, and to declare that it is contrary 
to the law of nations; for, if the statement is true and the act has been approved, 
the American forces have occupied, in time of peace, a territory belonging to a 
friendly nation. 

I therefore appeal, as earnestly as I can, to the sentiments of justice, rectitude, 
and equity of the President of the United States and his Government, feeling con- 
vinced, as I do, that the act of which I complain is to be attributed simply to an 
error, which I trust will be immediately rectified by the withdrawal of the American 
troops from Sibutd. 

In conclusion, I once more call the attention of the honorable Secretary of State 
to the very clear and precise terms of article 3 of the treaty of Paris, feeling certain, 
moreover, that the President of the United States will at once recognize the justice 
of my complaint. 

I avail, etc., Arcos. 

No. 4. 

TAe Minister of His Majesty at Washington to the President of the Council 
of MtJiisters [Minister of State). 

[Translation.] 

Washington, February 14, igoo. 

Excellency: Yesterday I had the honor of sending your excel- 
lency a telegram advising you that the Americans had occupied 
the islands of Batanes and Calagan to the north of the Philippine 
Archipelago. It seems evident that there has been sent from here 
orders to immediately occupy all those points the possession of 
which is doubtful according to the demarcation of the treaty. The 
islands lately occupied — which I see are differently called Tatanes 
and Batanes, Calagan and Calayan — I am assured are to the south 
of the Strait of Bachi. As Article III of the treaty of peace desig- 
nated as the line of inclusion of the Philippines a line near parallel 
20°, running through the center of navigation of the Strait of Bachi, 
these islands are therefore clearly comprehended among the terri- 
tories ceded. 

I have not yet received an answer to my note of protest of the 
6th instant, whose text I had the honor of remitting to your excel- 
lency in dispatch No. 13 of the 6th instant. When received I will 
inform your excellency as to its contents. 

Dios, etc.. The Duke de Arcos. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 379 

No. 5. 

The President of the Council of iMinisters {Minister of State) to the Min- 
ister of His Majesty at Washini^^ton. 

[Telegram.— Translation.] 

Madrid, February 26, igoo. 
I beg your excellencj^ to inform me if it is true, as affirmed by 
the press, that the United States Government has acknowledged, 
by virtue of the treaty of Paris, Spain's right to the islands of Caga- 
yan de J0I6 and Sibutu. 

F. SlIA'EL.A. 



No. 6. 

The Minister of His Majesty at Washington to the President of the Council 
of Ministers {Minister of State) . 

[Telegram. — Translation.] 

Washington, February 27, igoo. 
The reports up to this date regarding the islands are not correct. 
This morning they [the Department] simply acknowledge receipt of 
my protest of the 6th instant, stating that such an important matter 
requires careful consideration. 

The Duke de Arcos. 



No. 7. 

The Minister of His Majesty at Washington to the President of the Council 
of Ministers [Minister of State). 

[Translation.] 

Washington, February 2S, igoo. 

Excellency: Day before yesterday I had the honor of receiving 
the telegram which your excellency was pleased to send me, asking 
if the statement in the press was true that the United States had 
acknowledged the sovereignty of Spain over the islands of Sibutu 
and Cagayan de J0I6. I immediately answered that the statement 
was not confirmed. 

In fact, the same morning I received (but with date of the 24th) 
a simple acknowledgment of receipt of my protest (made by order of 
your excellency of the 6th instant) regarding the occupation by an 
American force of these said islands. In acknowledging receipt a 
sentence was added, stating that such an important matter was being 
examined with the consideration it merited. This tardy acknowl- 
edgment of receipt, with the observations which accompanied it, no 



J 



80 SPANISH CORRESPONDENCE AND DOCUMENTS. 



doubt is due to the published statement. I, myself, in seeing this 
in a newspaper several days before, was in doubt whether 1 should 
telegraph your excellency or not regarding the matter, and delayed 
doing so until I had some news, if not official at least more positive, 
and in the interval I received the acknowledgment of receipt from 
the Department of State and the telegram of your excellency. 
Although I would be much rejoiced if I were mistaken, I yet per- 
sist in the opinion I have stated to your excellency that this Govern- 
ment will try to sustain what has been done — that is to say, it will 
claim to have a right to the possession of those islands. This opin- 
ion was confirmed by a conversation I had a short time ago with 
the Secretary of State, in which I talked with him of the question. 
Mr. Hay said nothing positive to me, limiting himself to stating 
that this matter was of such importance that it would require a 
most careful examination. He added that the President had con- 
sulted all the delegates present in Washington who had signed the 
treaty — that is to say, all except Mr. Day — in order to inquire how 
the error of leaving these islands outside the demarcation occurred. 
He had also consulted another person, whose name I do not recall, 
but who is an eminent geographer. But according to my views 
geography has little to do with this affair, because I do not believe 
that it can be disputed that the islands are not included within 
the lines fixed by the treaty. It seems to me that their principal 
argument will support the point that in contracts there is, above 
everything, necessity of taking into account the intentions of the 
contracting parties, and that it was in this case the intention of 
the United States, with the consent of Spain, to obtain possession 
of all the group of the islands of the Philippines and J0I6, without 
any exception. This interpretation is easily combated, but I said 
nothing on the subject in my conversation with Mr. Hay, reserving 
my arguments until my note of 6th instant is answered. 

On the other hand, I know that this question has attracted the 
attention of the different legations of Europe, and that Lord 
Pauncefote, ambassador of England in this capital, not formally, 
but in a conversation with the Secretary of State, has made allusion 
to the rights which Great Britain eventually would have in the 
island of Sibutu. It is not necessary to add that as soon as I have 
any positive advices regarding this interesting point, your excellency 
will be advised by telegraph. 

Dios, etc., The Duke de Arcos. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 38 1 

No, 8. 

The Minister of His Majesty at Washington to the J' resident of the Council 
of Ministers {^Minister of State) . 

[Translation.] 

Washington, April g, jgoo. 
By note dated the 7th, the United States Government refuses to 
return the two islands demanded in the archipelago of Jolo, found- 
ing their action on the ground that it was the intention of the treaty 
that all the Philippine and Jolo archipelagoes should be ceded to the 
United States. 

The Duke de Arcos. 



No. 9. 

The Minister of His Majesty at Washington to the President of the Council 
of Ministers {^Minister of State) . 

Washington, April 11, igoo. 

Excellency: After a delay of more than two months I received, 
day before yesterday, under date of the 7th, the note (a copy and 
translation of which I have the honor of inclosing) answering my 
note of February 6 relative to the sovereignty of the islands of 
Sibutii and Cagayan de Jolo. By telegraph I gave your excellency 
an immediate advice of it. 

The note shows the intention this Government has of preserving 
the dominion of both islands. For this no other reason is given 
than that the undoubted intention of the United States on making 
the treaty of peace was to obtain complete cession of all the terri- 
tories which form the archipelagoes of the Philippines and Jolo, and 
the subsequent acquiescence of Spain. Other consideration of pure 
advantage to the United States, which the note contains, scarcely 
merit being taken into consideration, at least in the discussion of 
principles. Without prejudice to what your excellency has ordered 
me to answer, I believed there should at once be given an answer 
to the contentions of the Secretary of State, and yesterday I sent 
him a note, a copy of which is inclosed, arid whose terms I submit 
to the superior approbation of your excellency. 

The long time the Department has taken to announce its deter- 
mination has been employed in gathering exact information regard- 
ing the situation of the islands, and also in seeking plausible reasons 
in order to defend a conclusion so contrary to the explicit precepts 
of the treaty of Paris. To these data is due that the note clearly 
confesses that the islands are outside the demarcation fixed by the 
treaty. 

Dios, etc., The Duke de Arcos. 



382 SPANISH CORRESPONDENCE AND DOCUMENTS. 

[Inclosure i.] 
The Secretary of State to tite Minister of His Majesty at Washington. 

No. Sg.] Department of State, 

Jl'ashington, April 7, jgoo. 

Sir: The necessity of giving careful attention to the subject has deferred until 
now a reply to your note of the 6th of February last, in which, in the name of your 
Government, you protest against the reported occupation by the United States 
troops of the island of Sibutu, which, as well as that of Cagayan de J0I6 later men- 
tioned in your note, is claimed to lie outside of the boundary line described in the 
treaty of peace and therefore to remain in the possession of Spain, in view of which 
you ask that these islands be evacuated without delay. 

The islands in question were not occupied in pursuance of express orders from 
Washington, but were taken possession of by vessels of the United States in ful- 
fillment of the obvious duty of the agents of this Government to care for law and 
order in all parts of the Philippine group where the previous authority of Spain, if 
ever established in tangible administrative shape, had ceased to be asserted. 

Perhaps the one most salient and positive fact of the negotiations for peace was 
the requirement of the United States Commissioners that Spain should wholly 
withdraw from and wholly convey to the United States the islands of the Philip- 
pine Archipelago, without reservation of any sovereignty or shadow of sovereign 
rights therein. It is a matter of history that the Spanish Commissioners sought to 
qualify this requirement by drawing a distinction between what they called the 
Philippine Archipelago proper and the Malayan groups to the south and southwest, 
stretching from Mindanao to the coast of British North Borneo, but this distinction 
was not admitted by the American negotiators, who stood out for the broadest and 
most comprehensive description of the groups to be ceded — namely, the archipelago 
known as the Philippine Islands. They believed that the cession comprehended, 
and they most certainly believed that the Spanish Commissioners also believed and 
intended the cession to comprehend, all the territorial sovereignty and title of 
Spain in that quarter of the western Pacific bounded by the coterminous jurisdic- 
tion of Japan to the north, of British Borneo to the southwest, and of Dutch Borneo 
to the south and southeast. What Spain owned within those confines passed to the 
United States; what territory Spain did not own, she did not purport to convey, 
even as she did not purport to reserve any territorial rights in that quarter. The 
metes and bounds defined in the treaty were not understood by either party to limit 
or extend Spain's right of cession. Were any island within those described bounds 
ascertained to belong in fact to Japan, China, Great Britain, or Holland, the United 
States could derive no valid title from its ostensible inclusion in the Spanish ces- 
sion. The compact upon which the United States negotiators insisted was that all 
Spanish title to the archipelago known as the Philippine Islands should pass to the 
United States — no less nor more than Spain's actual holdings therein, but all. This 
Government must consequently hold that the only competent and equitable test of 
fact by which the title to a disputed cession in that quarter may be determined 
is simply this: Was it Spain's to give? If valid title belonged to Spain, it passed; 
if Spain had no valid title, she could convey none. 

The validity of the Spanish title at the time of the signature of the treaty of 
peace to the islands of Sibutu and Cagayan de J0I6 appears not to admit of doubt. 
The island of Cagayan de J0I6 is expressly declared by the protocol signed at 
Madrid, March 7, 1885, between Germany, Great Britain, and Spain, to "form 
part of the archipelago" of Sulu ; while Sibutu, which lies more than 3 marine 
leagues from the coast of Borneo, and is thus outside of the stipulated sphere of 
the British holdings, appears equally to have been recognized as lying within the 
dominions of the Sultan of Sulu. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 383 

This Government therefore conceives that from every view-point of moral and 
equitable right, as derived from the nature of the case and the unquestionable faith 
of the negotiators, it is justified in holding that the title of Sibutfi and Cagayan de 
J0I6 has effectively passed to the United States, and has been equitably and right- 
fully confirmed by material occupation. The dividing line, as it existed at the 
time of the cession, between the jurisdiction of Spain in the Philippines and the 
dominions of other sovereign powers constituted an actual demarcation more 
effective for all international purposes than a natural boundary, which latter, by a 
widely admitted rule of international law, prevails over a conflicting recital of 
courses and distances. 

The simple facts of the case are that the two islands in question, lying a few 
miles westward of the treaty line which professed to describe the limits of the 
archipelago known as the Philippine Islands, have not hitherto been directly 
administered by Spain, but have been successfully claimed by Spain as a part of 
the dominions of her subject, the Sultan of Sulu. As such they have been admin- 
istered by Sulu agencies under some vague form of resident supervision by Spanish 
agencies, which latter appeared to have been withdrawn as a result of the recent 
war. The effect of the occupancy of the islands by the United States naval forces 
has not been to set up an isolated governinent therein, but to confirm their depend- 
ence upon and identity with the administrative scheme of the Mohammedan group 
of the Philippines. 

Neither the situation nor the material importance of the two islands permits 
of their maintenance under a separate government, while it is impossible to con- 
template their being cut off from all surrounding spheres of administration and 
left as irresponsible no-man's-land, to be, perchance, a focus of perturbation to the 
revenues and the peace of their neighbors. 

Be pleased, etc., John Hay. 



[Inclosure 2.— Translation.] 
The J\/inis(er of His Majesty at Washington to the Secretary of State. 

Spanish Legation at Washington, 

April 10, igoo. 

Mr. Secretary: I have had the honor to receive your note of the 7th instant in 
reply to the one I addressed to you on the 6th of February last, touching the 
sovereignty of the islands of Sibutfi and Cagayan de J0I6. 

I have hastened to transmit the text of your note to the Government of His 
Catholic Majesty, but I regard certain of the theories contained therein as requiring 
an immediate answer, and I therefore proceed to lay before the American Govern- 
ment the following brief observations; 

The principal, and well-nigh the only, argument of the honorable Secretary of 
State in support of the determination of the Government of the United States to 
keep the said islands is the affirmation that it was the intention of the United 
States, in signing the treaty of peace, to obtain from Spain the complete cession of 
the territories which make up the archipelagoes of the Philippines and Sulu, and it 
is added that the Spanish Commissioners sought to save a part of those territories, 
but that they had to yield before the insistence of the American Commissioners. 

I am not qualified to interpret the recondite intentions of the signers of the 
treaty of peace, and, if I may be permitted to say so, neither is the Secretary of 
State on this occasion. Each of the two Governments must necessarily conform 
to the clear and concrete statements of the treaty, and the latter marks and defines 
the limits of the ceded territories. The honorable Secretary of State recognizes in 



384 SPANISH CORRESPONDENCE AND DOCUMENTS. 

his note that the two islands lie outside of those limits, and likewise observes that 
the American Commissioners, notwithstanding the resistance of the Spanish Com- 
missioners, insisted on determining what should constitute the totality of the ceded 
territories. The American Commissioners, therefore, knew what they wanted; 
they fixed the boundaries of what they sought to obtain and they expressed those 
limits in clear and precise phrases, which do not admit of any other interpretation 
whatever than what they in terms say; and the Spanish Commissioners had no 
resource but to sign what the Americans dictated to them. There is, therefore, no 
room now to seek for the intentions of the signers of the treaty. There can exist 
for the two Governments no other intentions than those expressed in the treaty 
itself, and the treaty clearly marks what the boundaries of the ceded territories are. 

And in this relation I must protest against the dangerous doctrine which is 
attempted to be established by the note of the Department of State to which I have 
the honor to reply. If it were allowable, after signing a compact in explicit and 
clear terms, to hunt out and interpret the intentions of the contracting parties, no 
pact, or convention, or treaty would be safe, nor have any value whatsoever. But 
fortunately it is not thus, and universal jurisprudence has established that the 
literal terms of compacts, when they are clear, determine the object and force 
thereof. 

In the present case, I repeat, the text of the treaty clearly and carefully delimits 
the ceded territories, and therefore all that has been excluded from this demarca- 
tion remains under the sovereignty of Spain. It is in vain for the note of the 
Department of Stale to suggest another demarcation limited by the respective 
jurisdictions of Japan, British Borneo, and Dutch Borneo; the treaty of peace, to 
which we must adhere, makes no mention of any such suggestions, the signers 
having preferred, and with reason, to make use of fixed and clear terms, the sig- 
nificance of which is not open to discussion. 

The note of the honorable Secretary of State mentions, in its last part, the fact 
that the situation and the material importance of the two islands do not permit of 
their existence under a government apart from the main group, and that, if left to 
themselves, they might become a no-man's-land and a center of perturbation for 
the neighboring islands. If this latter case should ever arise, it will then be time to 
demand a remedy; and whether a separate dominion may or may not be agreeable 
to the neighboring American islands is a point which I can not here discuss, since 
I am treating a question of right and not of convenience. I am treating a ques- 
tion of principles, since the value of the islands is little or nothing for Spain, but 
no government can abandon a territory which belongs to the nation. 

The matter appears to me to be so clear that I see no utility in dilating further 
upon it; but I do believe that when the honorable Secretary of State reads this note 
(if such be the practice) before the President of the Republic and the members of 
his Cabinet each one of them will remember that, however expedient {conveniente) 
it may be for America to conserve dominion over the islands, as she holds in her 
hand the power to do, it is not only implicitly declared, but solemnly and under 
the signature of the United States, that those islands are the lawful property of 
Spain. 

I avail, etc., Arcos. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 385 

No. 10. 
The Minister of His Majesty at Washington to the Minister of State. 

Washington, April /p, ipoo. 

Excellency: The note which I directed to the Department of 
State the loth of the month relative to the sovereignty of the islands 
of Sibutu and Cagayan de J0I6, and a copy of w^hich accompanied 
my dispatch No. 58 of the nth instant, has brought a note from the 
Secretary of State in which observations are made regarding two 
phrases in my note. I inclose a translated copy of this note of the 
i6th instant. The two phrases which do not please the Secretary of 
State consist, the first in my having said that neither he nor I were 
qualified to inquire into the hidden intentions of the signers of the 
treaty of peace of Paris; for exactly on this point depends the entire 
controversy, because it is founded simply upon the fact that the 
American Government believes the decision should depend upon 
the supposed intentions of the signers of the treaty, while I hold it 
is not possible to take into consideration any intentions other than 
those expressed in the treaty. I do not believe it is possible to object 
to the phrase used by me, and so I have let it stand. 

The second of my phrases which was not acceptable states that 
the United States was able, if so determined, to conserve the domin- 
ion over the islands of Sibutu and Cagayan because it had the power 
to do so. The phrase is not unconditional, as I said that, although 
this is the case, without doubt the United States will remember it 
is implicitly set forth in the treaty of Paris that the islands remain 
under the dominion of Spain. 

Certainly I did not write this phrase inadvertently. It was my 
design to let the American Government see that if it finally deter- 
mined to hold the islands Spain would continue in the idea that 
there had been imposed upon her a deed entirely unjust, although 
she had no means of avoiding it. 

Nevertheless, I have thought that if the phrase seemed harsh to 
the Secretary of State it would be best to explain well its meaning, 
taking away from it the unconditional character it had acquired in 
translation. Therefore, I have directed to him, under date of the 
17th, a brief note. I decline to consider the first phrase, and explain 
without withdrawing it the exact sense of the second. I hope that 
my note will obtain the valued approbation of your excellency. 

Your excellency will observe that in the two notes of the United 
States Government, particularly in the second, it is considered that 
the discussion of the question of the sovereignty of the islands re- 
mains open, because it is stated that the reply of Spain is expected, 
without prejudice to what I gave to the American note of the 7th 

S D C 25 



386 SPANISH CORRESPONDENCE AND DOCUMENTS. 

instant. This, according to my judgment, would indicate that the 
United States Government, although up to this time it has not con- 
fessed it, does not see an apt method of sustaining its theory of in- 
vestigation of the intentions of the signers of the treaty of peace, 
and would settle the difficulty, after prolonging the discussion as 
much as possible, by some act. If this should be the case, it appears 
to me it would be best that 1 know as soon as possible the wishes of 
the Government of His Majesty. 

Dios, etc.. The Duke de Arcos. 



[Inclosure r.] 

The Secretary of State to the Minister of His Majesty at Washington. 

No. 91.] Department of State, 

IVashingtott, April 16, igoo. 

Sir; I have had the honor to receive your note of the loth instant, in response 
to mine of the 7th concerning the sovereignty of the islands of Sibutu and Cagayan 
de J0I6. 

You will kindly permit me to demur to that part of your rejoinder which ques- 
tions the qualifications of yourself and myself for interpreting what you call " the 
recondite intentions of the signers of the treaty of peace." Mj' note of the 7th did 
not invite you to meet me in the field of conjecture. I dealt simply with the fact — 
of record in the proceedings and protocols of the Peace Commission — that the 
demand of the United States Commissioners comprehended the whole of the archi- 
pelago known as the Philippine Islands, without division, separation, or reserva- 
tion, and that the Spanish Commissioners acquiesced therein. 

I feel that I may also take exception to your concluding observation, in regard 
to America conserving dominion over the islands in question "as she holds in her 
hand the power to do," if it covers, as it appears to do, an unmerited imputation 
that the right of possession asserted by the United States is maintainable through 
mere exercise of power. This Government is moved in the matter by high consid- 
erations of principle, no less than is your own. 

Noting that you have transmitted the text of my note to the Government of His 
Catholic Majesty, and deferring further treatment of its subject-matter until I shall 
be made acquainted with your Government's reply, I avail, etc., 

John Hay. 



[Inclosure 2. — Translation.] 
The Minister of His Majesty to the Secretary of State. 

Spanish Legation at Washington, 

Washington, April ij, igoo. 
Mr. Secretary: I have the honor to acknowledge the receipt of your note of 
yesterday's date, which contains two remarks in regard to my note of the loth 
instant, relative to the sovereignty over the Sibutu and Cagayan de J0I6 islands. 
I will say nothing respecting the first of said remarks, since it merely bears upon a 
difference of opinion; but I have no objection to state in regard to the second that 
the meaning of one of the sentences with which I close my note of the loth does 
not in any manner imply that I believe that the United States are disposed to 



SPANISH CORRESPONDENCE AND DOCUMENTS. ^Sj 

assert by the mere right of might their sovereignty over the said islands. On the 
contrary, I am persuaded that only high considerations of principles will finally 
determine the question. 

Hoping that this spontaneous explanation may prove satisfactory to you, Mr. 
Secretary of State, I avail, etc., 

Arcos. 



No. II, 

T/ie Minister of State to the Minister of His Majesty at Was/iin}^ton. 

Madrid, May 12, igoo. 

Excellency: I have the honor of informing you that I have 
received your dispatches Nos. 58 and 61 of the nth and 19th ultimo, 
which were accompanied by copies of the notes exchanged with the 
Secretary of State of the United States, bearing upon the discussion 
raised in regard to the sovereignty over the islands of Sibuti'i and 
Cagayan de J0I6. 

To this end I sent your excellency day before yesterday the fol- 
lowing telegram : 

Received dispatches 58 and 61. I think you have not gone beyond faithful 
and correct terms of discussion, which should not offend the United States. The 
Government of His Majesty is disposed to cede the islands to the United States for 
a price, being able to have recourse to a third power to name it, if you are not able to 
come to a mutual understanding. Telegraph result of efforts of your excellency 
to this end. 

The contentions in your excellency's note that neither the Secre- 
tary of State nor yourself is competent to investigate the hidden 
intentions of the negotiators of the treaty of Paris when they deter- 
mined and detailed with the greatest geographical scrupulousness 
the limits of the possessions ceded by Spain to the United States is 
in accordance with sound doctrine sustained by statesmen. 

"When," with much reason, says Vattel (Le Droit des gens. vol. 
2, p. 251), "a document is drawn up in clear and precise terms, its 
sense is manifest and does not conduce to absurdity, there is no 
reason for not lending to it the sense it naturally has. To make 
conjectures in another form to restrict or amplify it is equivalent to 
attempting to avoid it. Admitting such a dangerous system, any 
document would result fruitless. If the light shines in all its dis- 
positions, if it is conceived in terms most clear and precise, all will be 
useless if it is possible to allege different arguments to sustain that 
it should not be understood in its natural sense. An interpretation is 
not admissible of that which has no necessity of interpreting itself. " 

Besides, as Vattel also says, "if he who is able and should 
explain fully and with all clearness has not done so, so much the 
worse for him, because it is not possible to permit him afterwards 
to adduce restrictions which he has not expressed." 



388 SPANISH CORRESPONDENCE AND DOCUMENTS. 

Once the sovereignty of Spain is recognized over the islands of 
Cagayan de J0I6 and Sibutu, our right remaining in safety, the 
Government of His Majesty thinks that your excellency will be able 
to arrange their sale to the United States, and to indicate also to the 
Secretary of State that if it is so preferred the question can be sub- 
mitted to an arbitration, whether it be to treat jointly, or simply 
to fix the price, if the sale be made. 

By royal order I communicate the above to you for your informa- 
tion and proper guidance. 
Dios, etc.. 

The Marquis de Aguilar de Compoo. 



No. 12. 

The Minister of State to the Minister of His Majesty at Washington. 

[Telegram. — ^Translation.] 

Madrid, Afay ij.^ igoo. 
You may send note stating that we would be disposed to cede the 
islands to the United States. 

Marquis de Aguilar de Compoo. 



No. 13. 

The Minister of His Majesty at Washingtofi to the Mitiister of State. 

[Telegram. — Translation.] 

Washington, May 22, igoo. 
Without prejudicing in any way the question of acknowledgment 
of sovereignty claimed, the American Government desires to know, 
confidentially, what would be the price Spain desires for them. I 
gather from my interviews that the United States is disposed to give 
a very small amount. 

Duke de Arcos. 



No. 14. 

The Minister of His Majesty at Washington to the Minister of State. 

[Translation.] 

Washington, May 2j, igoo. 

Excellency: In good time I had the honor of receiving your 

excellency's telegram of the loth instant, giving me instructions 

relative to the claim on the part of Spain of sovereignty over 

the islands of Sibutu and Cagayan de J0I6, amplified by another 



SPANISH CORRESPONDENCE AND DOCUMENTS. 389 

of the 13th instant in answer to mine of the 12th. In compliance 
with them I directed to the Secretary of State, as a first step, and 
with date of the 19th instant a note, copy of which accompanies this 
and which I submit to the approbation of your excellency. 

This note is very short and is limited to confirming and ratifying 
what I expressed in my former notes. I considered that in no man- 
ner was it best to discuss any argument which was not the same I 
had used and which your excellency was pleased to approve in royal 
order No. 67 of the 12th instant, received later. This argument is 
that the treaty of Paris speaks for itself in clear and precise precepts. 
On the other hand, I have thought that an incontrovertible argu- 
ment loses force if it is presented in a prolix manner, and therefore 
the note contained only the affirmation of the point that His Maj- 
esty's Government does not withdraw from the position it has taken 
in this discussion, and that it considers unassailable the sovereignty 
of those islands which the treaty of Paris has left to Spain. 

Some days after having written said note I had occasion to see 
Mr. Hay. I told him then (as an idea entirely my own) that as he 
was assured that up to this time Spain had not treated with Ger- 
many, nor with any other power, it appeared probable to me that, 
her sovereignty being acknowledged, the islands not being of utility 
to Spain, she would treat for their disposal in some manner, and 
that probably the first power they would be offered to would be the 
United States, as having the most interest in them. Then, after 
profuse oratorical precautions and protests that he had not changed 
his opinion that the islands belonged to the United States, by reason 
of the intent of the signers of the treaty, he asked me very confi- 
dentially the question (which I the same day transmitted to your 
excellency by telegraph) relative to the price Spain would accept 
for them. To-day I received your excellency's answer, and in a few 
days I will again talk with Mr. Hay on the subject. This will not 
be until the 31st of the month, for to-morrow the Secretary of State 
accompanies the President upon a trip of several days. I do not 
think that the interview will result in anything, because surely Mr. 
Hay will limit himself to hearing my proposition and saying that he 
will communicate it to the President. If it should happen other- 
wise, I will immediately advise your excellency. 

Dios, etc.. 

The Duke de Arcos. 



390 SPANISH CORRESPONDENCE AND DOCUMENTS. 

[Inclosure. — Translation.] 

The Minister of His Majesty to the Secretary of State. 

Legation of Spain at Washington, 

Washi7igton, May ig, igoo. 

Mr. Sfxretary: I have the honor to inform you that the Government of Spain 
has carefully considered your note of the 7th ultimo, written in reply to mine of 
the 6th of February last, both having reference to the islands of Sibutu and Cagayan 
de J0I6. It also has knowledge of my note of April 10 on the same subject; and, 
in view of that correspondence, it has instructed me to insist and to endeavor to 
convince the American Government of the justice of the claim of the Government 
which I represent, to the end that the sovereignty of Spain over the aforesaid 
islands may be recognized. 

I do not propose, for this purpose, to adduce any new argument, since the 
position which I have taken in this discussion fully supports, in my opinion, the 
view which I uphold. That position consists simply in asking for the strict and 
literal fulfillment of the treaty of Paris, without admitting that intentions may be 
invoked which found no expression in said treaty. Such intentions might, perhaps, 
furnish matter for discussion if the treaty, in mentioning them, did not define them 
with all precision and clearness. That document, however, in providing for the 
cession of certain territories by Spain, immediately proceeds to delimit them with 
accuracy, and leaves nothing for an ulterior interpretation. I am aware that, 
however great may be the care with which treaties are drawn up, sentences fre- 
quently occur in them whose interpretation is doubtful and which furnish ground 
for controversy. It seems to me impossible, however, to apply this to the present 
case, in which geographical boundaries are concerned which are stated with pre- 
cision—?', e., in which a mathematical proposition is concerned. 

The American plenipotentiaries who signed the treaty doubtless knew what they 
were doing. If they had the intention to ask for more than the treaty calls for, it 
is certainly useless to inquire now as to the reason which prevented them from 
carrying out their intention. The fact is that they did not do it. And if they had 
any such intention the honorable Secretary of State must admit that the Spanish 
plenipotentiaries, in their turn, naturally intended to concede as little as possible. 

I have said, in one of my previous notes, that recondite intentions entertained 
by the signers of the treaty were not to be sought for now. My contention is that 
both Governments must abide exclusively by the clear provisions of that instru- 
ment, and therefore I consider all intentions, ideas, or desires that do not appear 
in the treaty itself as recondite, so far as the present case is concerned. 

I have stated that I did not deem it necessary to adduce any new arguments, 
and I consequently close this note by calling the attention of the American Govern- 
ment to the justice and propriety of a strict and literal execution of the stipulations 
of the treaty of Paris, which fixes certain limits that can not be extended ad libitum, 
and likewise to the inadmissibility of asking now, for one reason or another, for 
something that was not asked for when the treaty was signed. I appeal to the 
sentiments of equity of the President of the Republic and his Government, and I 
feel confident that the sovereignty of Spain over those islands, which the treaty of 
Paris left unimpaired, will be recognized. 

I avail, etc., The Duke de Arcos. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 39 1 

No. 15. 
The Minister of State to the Minister of His Majesty at Washington. 

[Telegram. — Translation.] 

M.M)Rii), May 26, jgoo. 
I consider $100,000 a very moderate indemnification for the two 
islands. Your excellency can demand it and await proposition of 
the United States Government. 

The Marquis de Aguilar de Campoo. 



No. 16. 
The Minister of His Majesty at Washington to the Minister of State. 

[Telegram. — Translation.] 

Washington, June 14, igoo. 
The American Government offers $50,000 for the islands. I have 
tried earnestly to obtain a larger amount, without success. 

The Duke de Arcos. 



No. 17. 
The Minister of State to the Minister of His Majesty at Washington. 

[Telegram.— Translation.] 

Madrid, June 16, igoo. 
The price of $50,000 is not acceptable on account of the islands 
being situated on the route to Australia. 

Marquis de Aguilar de Campoo. 



No. 18. 
The Minister of His Majesty at Washington to the Minister of State. 

[Telegram.— Translation.] 

Washington, June i~, igoo. 
If there is no agreement as to price for islands, matter will be 
the status in which official note left it— that is to say, the United 
States will continue sustaining its right to the property, for the 
recent negotiations have been confidential. 

The Duke de Arcos. 



392 SPANISH CORRESPONDENCE AND DOCUMENTS. 

No. 19. 

The Minister of State to the Minister of His Majesty at Washington. 

[Telegram. — Translation.] 

Madrid, June 28, igoo. 
To not acknowledge the sovereignty of Spain over the islands 
is to disown the text of the treaty of Paris. Price offered is not 
acceptable. 

Marquis de Aguilar de Campoo. 



No. 20. 

The Minister of His Majesty at Washington to the Minister of State. 

[Telegram.— Translation.] 

Washington, June jo, igoo. 
I have notified the Government as to the decision of your excel- 
lency respecting the price for the islands. I do not, however, con- 
sider the matter terminated, because I am still working to obtain the 
price demanded by His Majesty's Government. I have the promise 
of the Secretary of State to further consider it. Absence of the 
President will delay negotiations. 

The Duke de Arcos. 



No. 21. 

The Minister of His Majesty at Washington to the Minister of State. 

[Translation.]! 

Washington, June jo, igoo. 

Excellency: After a conversation with the Secretary of State of 
the United States the 14th instant, I had the honor of sending you a 
telegram stating that the Government offers for the islands of Sibutii 
and Cagayan de J0I6 ^50,000. The answer of your excellency refus- 
ing such a small offer gave me to understand that the Government 
of His Majesty took it for granted that in this contingency it at once 
remained in possession of the islands and free to preserve them or 
dispose of them without any opposition. Your excellency did not 
have knowledge of my conversation with the Secretary of State on 
the 14th instant, from which I deduced the contrary, and therefore 
I sent your excellency another telegram the 17th, calling your atten- 
tion to the exact state of the question. 

In fact, on stating to Mr. Hay that in my opinion the offer he 
made was not admissible on the part of the Government of His 



SPANISH CORRESPONDENCE AND DOCUMENTS. 393 

Majesty,- and on placing before him all the considerations that 
occurred to me regarding the moderation in the price demanded by 
Spain and respecting the advantage of terminating this question in 
a manner satisfactory to both countries, Mr. Hay said to me that as 
far as he was concerned he would accede with pleasure to the wishes 
of the Spanish Government, but the President and his Cabinet were 
of the opinion that although the difference between the amount 
demanded and that offered signified nothing in itself it would signify 
much with the Senate, to whose approbation it was necessary to 
submit any negotiation, and to the House of Representatives, from 
whom it was necessary to ask the funds. 

The Secretary of State added that as all the recent considera- 
tions — that is to say, regarding the price — had been confidential, if 
an arrangement were not arrived at, they would be void, and the ques- 
tion would revert to the state in which the official notes left it. Your 
excellency knows (as all the correspondence is in your hands) that 
in the American notes, far from acknowledging the Spanish sover- 
eignty, there has been sustained with firmness the legitimacy of the 
possession of the United States, in virtue of the intention of the 
signers of the treaty of Paris, which is evident by the protocols 
preceding it. Mr. Hay's conversation showed me therefore clearly 
his intention to continue the same contentions in the event of 
Spain not accepting what was offered her. On this account, before 
definitely refusing the American proposition, I sent your excellency 
on the 17th instant mj' second telegram setting forth this circum- 
stance, and proposing the alternative of uniting the negotiations 
relative to the islands to the project of an additional convention, 
accepting the price proposed, on condition of obtaining other advan- 
tages in it. The motive I had in bringing before your excellency this 
last (proposition) consists in the ardent desire I have (for reasons I 
will soon set forth) that the affair of the islands be terminated in a 
manner satisfactory to both Governments. 

At the same time that I sustained the right of Spain with sufficient 
firmness (at least I hope that it has so appeared to your excellency), in 
my conversations with Mr. Hay I endeavored to soften the asperity 
(of our contention), because I believed it my duty. Without lessen- 
ing in any degree our claim, I brought to his mind that he who forms 
part of an administration knows better than anyone that a govern- 
ment can not abandon territory of the nation. I have not sustained 
that at the signing of the treaty of Paris we may have known that 
these islands remained to us, but on the other hand I have claimed 
that because as a result of the treaty the islands are ours we must 
necessarily claim them, and that if there has been an error, which I 
am not aware of, law and custom demand that we are the ones to 



394 SPANISH CORRESPONDENCE AND DOCUMENTS. 

obtain benefit from it. I have not affirmed that the islands of them- 
selves have any value, but I have maintained that, finding ourselves 
with this property, it is necessary that we preserve it or cede it for 
a consideration. I have striven to make it clear that the Govern- 
ment of His Majesty is not at liberty to act in any other manner, 
and I believe that I made some impression on Mr. Hay, who did not 
seem personally unfavorable to us in this matter. I do not know if 
I have conjectured rightly in the course I have followed. In those 
points in which I did not know the opinion of His Majesty's Govern- 
ment I was obliged to follow my own, and this has impelled me, 
without ceding a particle in the right of Spain, to avoid as far as 
possible any resentment in this matter. 

-On the other hand, there is no doubt that, upon signing the 
treaty, the United States were persuaded that they had secured 
the complete possession of all the group of islands constituting the 
archipelagoes of the Philippines and Jolo (Sulu). To discover after- 
wards that it was possible to contest part of them, however small it 
might be, could not be otherwise than a bitter enlightenment. The 
islands, it appears, have no value whatever in themselves, but apart 
from the discovery, of which I have spoken, and the consequent 
diminution of the moral right the United States really believed to 
be theirs, they fear that (now that there is no legal right) there may 
be established in the archipelago a third power, which, in view of the 
proximity to their possessions, would constitute for them a serious 
difficulty. Mr. Hay had no hesitation in admitting this to me. 

The only fear the United States have is that the islands may pass 
into the possession of a third power, but at the same time they are 
aware of the improbability of such a contingenc)^ — at least for the 
present. 

England, on account of the proximity of her possessions in Bor- 
neo, might agree to take them; but it can be assured that they will 
not, because at present on no account would England make a treaty 
to annoy the United States ; and the islands, by reason of their small 
value and their situation, placed as they are between the English and 
American possessions, could not be utilized by any other power. 
This naturally is clearly seen in the United States, but nevertheless, 
as unexpected circumstances might arise, the United States have the 
misgiving before spoken of. 

Finally, I proceed to examine the hypothesis of not coming to an 
agreement regarding the price of the islands, if the United States 
decide to return them to us. Certainly there would be in this the 
satisfaction of a moral victory, in having our right acknowledged. 
But there would be no positive advantage, and there might be a pos- 
sibility of future discontent. I put aside the improbability (which I 



SPANISH CORRESPONDENCE AND DOCUMENTS. 395 

believe assured) of being able to cede the islands to a third power. 
The islands delivered to us, we will necessarily be obligedto occupy 
them, which will not only be for the nation a useless expense, but, 
taking into consideration that they are of no value, and distant from 
Spain, will surely be a source of difficulties. Their pro.ximity to the 
American islands in a state of insurrection (there is no telling for 
what time) might create another danger, because they could serve 
as a place of refuge for the Filipinos and Joloanos, if the islands 
were not well garrisoned, as a base of operations for the insurrection. 
Of this something was hinted, although in a veiled manner, in one 
of the notes of the Department of State. If, on the contrary, we do 
not occupy the islands returned, it seems to me that the Americans 
will not delay long in occupying them again as abandoned territory. 
In one or the other of these cases, this question might cause us 
serious conflicts with this Republic. 

This combination of reasons has urged me, on giving attention to 
the telegram of day before yesterday of your excellency (the more 
so that the matter appeared decided), to make one more attempt to 
obtain the amount demanded by the Government of His Majesty. 
I visited this morning the Secretary of State, and notified him of the 
very just resolution of your excellency to not accept the offer of 
the United States, and he having expressed regrets, and repeated the 
reasons already stated for not being able to augment the amount, on 
my part I represented to him that it was certainly to be lamented 
that a matter whose favorable termination was assuredly to the 
interest of both countries could not be arranged in a mutually satis- 
factory manner for the two. I said to him that without doubt 
neither Spain nor the United States were able to haggle over such a 
small amount, but that, nevertheless, now he was speaking of the 
American House of Representatives, what could be thought of the 
effect produced in the Spanish Cortes, and in the whole country, 
when it is announced that the Government had sold two islands for 
^50,000; that the universal feeling would be that after all that had 
passed — that after the United States had taken away all our posses- 
sions over the seas — Spain was not in the position, the islands being 
worth little or much, to make a present to the United States, because 
it would be impossible to call such a sale anything else. I added 
that the American Congress could judge whether or not Spain had 
a right to the islands. If she had not, they need not pay any sum, 
either great or small, and if she had, they would have no objections 
to giving $100,000, which for the United States was a sum as insig- 
nificant as $50,000. Briefly, these were my arguments, for I am not 
able to repeat all the conversation, which was lengthy. The result, 
unexpected by me, was that Mr. Hay promised to make an effort to 



396 SPANISH CORRESPONDENCE AND DOCUMENTS. 

obtain from the President and his colleagues in the Cabinet the 
amount named by the Government of His Majesty. I at once gave 
your excellency notice of this by telegraph. 

It will take Mr. Hay some time to fulfill his promise, because the 
President is away upon his summer vacation, and I understand that 
he is not consulted, except upon weighty matters. At any event 
Mr. Hay will advise me the result, and, if not favorable, will answer 
my last note. It only remains to me to beg your excellency to have 
the kindness to excuse the length of this dispatch. I think it not 
only my privilege, but also that it is my duty to set forth frankly to 
your excellency my opinion upon all questions the management of 
which is intrusted to me, and this has caused me to examine from 
all points of view this question, to which, as your excellency sees, I 
give much importance on account of the consequences it may have; 
at least I beg that you will not see in this other than my desire to 
satisfy completely my trust. 
Dios, etc.. 

The Duke de Arcos. 



No. 22. 

The Minister of State to the Minister of His Majesty at Washington. 

[Translation.] 

Madrid, July 16, igoo. 

Excellency: This Ministry has received your excellency's dis- 
patch No. 98 of the 30th ultimo, which gives an account of the 
negotiations had with the United States Government for the sale to 
the same of the islands of Sibutu and Cagayan de J0I6. The dis- 
creet conduct followed by your excellency interprets faithfully the 
desires of His Majesty's Government, which, if it did not fix a larger 
sum, was due to the conscientious conviction that said islands, 
although on the route to Australia, have little value on account of 
their configuration and small surface. 

If it happens that the United States does not accept our modest 
pretension, before receiving as small a sum as is offered it would be 
preferable to not receive any amount whatever. 

This I state by royal order for your information. 
Dios, etc., 

The Marquis de Aguilar de Campoo. 



SPANISH CORRESPONDENCE AND DOCUMENTS. 2)97 

No. 23. 

The Minister of His Majesty at Was/iingtoii to the Minister of State. 

[Translation.] 

Washington, July 2j, igoo. 

Excellency: Day before yesterday I had the honor of sending 
your excellency a telegram announcing that at last this Government 
has resolved to give the $100,000 which in the name of Spain was 
asked of them for the cession of the sovereignty of the islands of 
Sibutu and Cagayan de J0I6. The Secretary of State announced 
this to me and at the same time delivered to me a draft of convention 
in order to complete this understanding, a copy and translation of 
which I send your excellency inclosed. It is composed simply of 
one article in which is stipulated the mentioned cession, but drawn 
in such a manner as to comprehend other islands, if there are any 
pertaining to the group of the Philippines which may be found in 
the same situation as the two now ceded — that is to say, outside the 
limits of the treaty of Paris. This precaution is to be expected, 
and as I do not think there are other islands in the same condition, 
because by this time they would be known, it seems to me that this 
provision will not be an obstacle against completing the treaty. In 
case His Majesty and the Government approve the draft, I beg your 
excellency to please remit me the necessary powers to enable me to 
sign. 

I have expressed to your excellency the reasons which cause me 

to rejoice excessively at the happy termination of this negotiation, 

into which I have put as much effort as I was able. 

Dios, etc.. 

The Duke de Arcos. 

[Inclosure: Draft of treaty. Not printed.] 



No. 24. 

The Mifiister of State to the Minister of His Majesty at Washington. 

[Translation.] 

M.ADRiD, September 12, igoo. 

Excellency: I have received your excellency's dispatch No. 112 
of July 23 ultimo, with which you inclosed the draft treaty proposed 
by the Government of the United States for the cession of the islands 
Sibutu and Cagayan de J0I6. 

The draft being submitted to the Council of Ministers, I have the 
pleasure to state that it has met their approbation, with the excep- 



398 SPANISH CORRESPONDENCE AND DOCUMENTS. 

tion, as your excellency will see by the draft which I inclose in 
Spanish text, that necessarily it must be set forth in the proper 
place that the treaty will be ratified by Her Majesty the Queen 
Regent of Spain, after approval by the Cortes of the Kingdom, the 
first paragraph of article 55 of the constitution of the Spanish 
Monarchy requiring this. 

At the same time I transmit to your excellency the necessary 
powers, in order that at the proper time, and in conformity with the 
counter draft of the treaty, you may proceed to sign it. I con- 
gratulafe your excellency in the name of Her Majesty the Queen, 
and in the name of the Government, for the perspicacity with which 
you have carried the present negotiations to a completion. 

All of which is communicated to your excellency by royal order 

for your information and proper action. 

Dios, etc.. 

The Marquis de Aguilar de Campoo. 

[Inclosure: Draft of treaty. Not printed.] 



No. 25. 
The Minister of State to the Minister of His Majesty at Washington. 

[Telegram. — Translation.] 

Madrid, October jo, ipoo. 
Urge prompt signing of treaty of cession of the islands of Caga- 
yan and Sibutu, so it can be presented to the Cortes. Telegiaph 
me the situation of the matter. 

Marquis de Aguilar de Campoo. 



No. 26. 

The Minister of His Majesty at Washington to the Minister of State. 

[Translation.! 

Washington, November 7, igoo. 
Signed to-day treaty of cession of the islands. It is sent by post. 

Duke de Arcos. 

[Treaty is printed on page 887, Foreign Relations, 1900.] 

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